Anisha Shewaramani vs Sunil Shewaramani

Mr. Darshan Patankar i/by Mr. Dineshmani Tripathi, for Respondent in MCA No.288 of 2024 and for Applicant in MCAST 26440 of 2024 and Application No.416 of 2024.

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CORAM: N.J.JAMADAR, J.

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DATE : 4 APRIL 2025

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P.C.

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Heard the learned Counsel for the parties.

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The marriage of the Applicant, in MCA No.288 of 2024, was solemnized

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with the Respondent on 23 December 1997. They are blessed with two sons.

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However, it seems, their marital life has been afflicted with discord.

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Respondent wife had instituted a proceeding under the Protection of Women

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SSP 1/4

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22 mca 288 of 2024.doc

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from Domestic Violence Act, 2005 being CC/DV/277 of 2022, which is pending before the 10^th Court, Metropolitan Magistrate, Andheri, Mumbai. The applicant has preferred a Petition for dissolution of marriage i.e. Petition No.A-1536 of 2024 before the Family Court at Bandra.

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The applicant has filed MCA No.288 of 2024 to transfer the proceedings under the Protection of Women from Domestic Violence Act, 2005 i.e. CC/DV/277 of 2022 from the Court of the learned Metropolitan Magistrate at Andheri to the Family Court at Bandra.

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The Respondent wife has, in turn, filed criminal Application No.416 of 2024 seeking transfer of CC/DV/277 of 2022 pending on the file of Metropolitan Magistrate at Andheri to the Court of Chief Judicial Magistrate at Kalyan. The Respondent has also filed MCAST No.26440 of 2024 to transfer Petition No.A-1536 of 2024 pending before the Family Court at Bandra to the Court of Civil Judge, Sr. Division at Kalyan, on the premise that, in the intervening period, the Respondent-wife has shifted to Ambernath from Bandra.

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After the matter was heard for sometime, Mr. Ponda, learned Senior Advocate for the Applicant in MCA No.288 of 2024, on instructions, submitted that the applicant concedes to the prayer to transfer the proceedings to the Courts at Kalyan, provided the proceedings are decided in a time bound manner.

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SSP 2/4

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22 mca 288 of 2024.doc

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Learned Counsel for the Respondent, on instructions of the Respondent-wife, who is present in Court, submits that the Respondent is also agreeable to the said proposition.

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In view of the above, with the consent of the parties, Criminal Application No.416 of 2014 and MCAST No.26440 of 2024 stand allowed.

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Petition for dissolution of marriage i.e. A-1536 of 2024 stands transferred from the Family Court at Bandra to the Court of Civil Judge, Sr. Division, Kalyan and proceeding No.CC/DV/277 of 2022 stands transferred from the Court of learned Magistrate at Andheri to the Court of Chief Judicial Magistrate at Kalyan, for hearing and disposal in accordance with law.

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The learned Judge, Family Court, Bandra shall transfer the record and proceedings in Petition No.A-1536 of 2024 and the learned Magistrate at Andheri shall transfer record and proceedings in No.CC/DV/277 of 2022 with such dispatch that it reaches the Civil Judge, Sr. Division, Kalyan and Chief Judicial Magistrate, Kalyan, respectively, within a period of four weeks from the date of communication of this order.

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The parties shall appear before the Courts at Kalyan on 2 May 2025.

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Learned Chief Judicial Magistrate at Kalyan is requested to make an endeavour to hear and decide proceeding No.CC/DV/277 of 2022 as expeditiously as possible and preferably within a period of three months from the date of appearance of parties or receipt of record and proceeding in

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SSP 3/4

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22 mca 288 of 2024.doc

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CC/DV/277 of 2022, whichever is later.

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Learned Civil Judge, Sr. Division, Kalyan, is requested to hear and decide Petition for dissolution of marriage i.e. Petition No.A-1536 of 2024 as expeditiously as possible and preferably within a period of six months from the date of appearance of the parties or receipt of record and proceedings in A-1536 of 2024, whichever is later.

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MCA No.288 of 2024 stands dismissed.

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No costs.

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( N.J.JAMADAR, J. )

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SSP 4/4

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 05/04/2025 15:28:43

Anisha Shewaramani v. Sunil Shewaramani

Case brief

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Anisha Shewaramani v. Sunil Shewaramani

Case brief

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