Dismissed¶¶42

Mr. Adityaranjan Madhuranjan Singh v. Mrs. Priyanka Singh

Bombay HC7 Nov 2025MCA/371/2025

Case brief

AI extract

What is this about?

Transfer of Domestic Violence proceedings; Family Court jurisdiction; Section 26 Domestic Violence Act limited to Sections 18-22 reliefs; no jurisdiction over Section 17/23 claims; Sections 12, 19, 20, 22 & 23 DV Act; JMFC Pune to Family Court Pune transfer refused; wife's convenience in matrimonial transfers (N.C.V. Aishwarya, 2022 SCC OnLine SC 1199); Jyoti Abhijeet Kandage, MCA 239 of 2024 followed; husband vs wife; Navi Mumbai / Pune; District Mediation Centre Pune liberty; Bombay High Court, Rajesh S. Patil, J.; MCA 371 of 2025; application rejected/dismissed.

What did the court decide?

Liberty to the parties to apply to the District Mediation Centre, Pune to refer their dispute for mediation. ¶¶42

Mr. Adityaranjan Madhuranjan Singh vs Mrs. Priyanka Singh — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Liberty to the parties to apply to the District Mediation Centre, Pune to refer their dispute for mediation.

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Issue for consideration

Whether the Domestic Violence proceeding filed by the respondent-wife before the Judicial Magistrate First Class, Pune should be transferred to the Family Court, Pune. +1 more

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Court's answer

Since the pending Domestic Violence proceeding invokes Section 23 of the Act, it cannot be transferred from the Judicial Magistrate First Class, Pune to the Family Court, Pune, the Family Court having no power to deal with Section 23 claims.

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Ratio / Principle

Under Section 26 of the Domestic Violence Act only the aggrieved party may file proceedings seeking reliefs under Sections 18 to 22 before the Civil Court/Family Court/Criminal Court; consequently the Family Court has no jurisdiction to entertain an application under Section 17 or Section 23 of the Act.

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Key takeaways

Adopting its earlier decision in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors.), the Court holds that reliefs under Sections 18 to 22 of the Domestic Violence Act can be filed before the Family Court under Section 26 of the Act.ratio¶¶32

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.; MCA No. 371 of 2025, decided 10 November 2025) rejects the husband-applicant's plea to transfer his wife's Domestic Violence proceedings — instituted under Sections 12, 19, 20, 22 & 23 of the Domestic Violence Act before the Judicial Magistrate First Class, Pune — to the Family Court, Pune. Held: Section 26 of the Domestic Violence Act permits only the aggrieved party to pursue reliefs under Sections 18 to 22 before the Civil Court/Family Court/Criminal Court; hence the Family Court has no jurisdiction over applications under Sections 17 or 23. Because the pending proceeding involved a Section 23 claim, transfer was impermissible, notwithstanding the principles noted from N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha (2022 SCC OnLine SC 1199) — that in matrimonial transfer matters the wife's convenience is generally decisive — and from the Court's own earlier decision in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors.) — that Sections 18–22 reliefs may be pursued before the Family Court under Section 26. The Miscellaneous Civil Application was rejected, with liberty to the parties to apply to the District Mediation Centre, Pune for mediation.

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KVM

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54 - MCA 371 OF 2025.doc

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Digitally signed KANCHAN by KANCHANVINOD VINOD MAYEKAR MAYEKAR Date:2025.11.13 09:50:02 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO. 371 OF 2025

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ADITYARANJAN MADHURANJAN SINGH

….. APPLICANT

VERSUS

PRIYANKA SINGH

….. RESPONDENT

Adv. Hrishikesh Avhad a/w. Adv. Sachin R. Pawar for the Applicant.

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CORAM : RAJESH S. PATIL, J.

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DATE : 10 NOVEMBER, 2025

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P.C. :-

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This transfer Application is filed by the Applicants seeking transfer of the Domestic Violence proceedings filed by the respondent before the Judicial Magistrate First Class, Pune to the Family Court, Pune.

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The D. V. proceedings is filed under Sections 12, 19, 20, 22 & 23 of the Domestic Violence Act. As per the cause title, the Applicants are staying at Navi Mumbai and the Respondent is staying at Pune.

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I have heard learned advocate appearing for the applicant. The applicant who is husband of the respondent, is seeking transfer of Domestic Violence proceeding filed by the respondent-wife.

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KVM

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2/4

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54 - MCA 371 OF 2025.doc

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The said proceeding is filed under Sections 12, 19, 20, 22 and 23 of the Divorce Violence Act.

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Section 26 of the Domestic Violence Act permits only the aggrieved party to file proceedings under Sections 18 to 22 also before the Civil Court/ Family Court/Criminal Court. Hence, the Family Court will have no jurisdiction to entertain the application under Section 17 or 23 of the Domestic Violence Act.

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The Hon’ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha , reported in 2022 SCC OnLine SC 1199 has held that the convenience of the wife has to be seen for the transfer proceedings. Paragraph no.9 of the said judgment reads as under :-

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The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.

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(Emphasis supplied)

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I have already held in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors.)

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KVM

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54 - MCA 371 OF 2025.doc

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that reliefs under Sections 18 to 22 of the Domestic Violence Act, can even be filed before the Family Court under the provisions of Section 26 of the Domestic Violence Act. Paragraphs 15, 15.1, and 15.2 read as under:

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Considering the Sections of D.V. Act, and the Judgments discussed in the above paragraphs, it becomes evident that Family Court has power to decide complaint which seeks relief under Sections 18 to 22 of the D.V. Act. Hence in my opinion, transfer of proceedings from Magistrate’s Court to Family Court pertaining to relief claimed under Section 18 to 22 of the D.V. Act can be allowed. However, if a transfer proceedings is not a bonafide one, then on merits such a transfer on case to case basis can be rejected. One has to also keep in mind the stage of the proceedings of which transfer is sought.

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15.1) Section 26 of D.V. Act, refers to only reliefs sought under Section 18 to 22. Therefore, application/complaint seeking relief under any other section of D.V. Act viz. Section 31, etc. would not be maintainable before Family Court.

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15.2) So also, one has to also keep in mind who is coming to the court for the transfer of the proceedings, whether it is the Wife or the Husband or any other party. Since a choice is given to the aggrieved person under the D.V. Act to choose the forum for reliefs sought under Section 18 to 22, (i.e.) before the Magistrate under Section 12 or to the civil court, family court or criminal court under Section 26, such transfer if sought by a Wife, considering the judgment of the Supreme Court in the case of N.C.V. Aishwarya (supra) will have to be considered favourably.

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In the present proceeding, the domestic violence is also involved Section 23 of the Domestic Violence Act. Therefore, in my view, the Domestic Violence proceeding cannot be transferred from the Judicial Magistrate First Class, Pune to the Family Court, Pune as the Family Court has no power to deal with Section 23 of the Domestic Violence Act.

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Considering the law as laid down in the above two judgments, and the facts of the present matter, I find no merits in the

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KVM

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4/4

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54 - MCA 371 OF 2025.doc

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present Miscellaneous Civil Application.

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In view of the same, the present Miscellaneous Civil Application stands rejected.

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As the learned advocate for the applicant desires that the dispute between the parties can be referred to the mediation, the parties are free to apply to the District Mediation Centre, Pune to refer their dispute for mediation.

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[RAJESH S. PATIL, J.]

Mr. Adityaranjan Madhuranjan Singh v. Mrs. Priyanka Singh

Case brief

What is this about?

What did the court decide?

Mr. Adityaranjan Madhuranjan Singh v. Mrs. Priyanka Singh

Case brief

What is this about?

What did the court decide?

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What the court decided

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