Disposed¶5

Amit Arun Sawalakhe v. Anuja Amit Sawalakhe

Bombay HC6 Oct 2025MCA/410/2025

Case brief

AI extract

What is this about?

Bombay High Court; Misc. Civil Application 410/2025; Rajesh S. Patil J.; transfer of domestic violence proceeding; Section 26 DV Act; Sections 18 to 22 DV Act; Section 31 DV Act; Section 12 DV Act; JMFC Cantonment Court Pune to Family Court Pune; husband's application; N.C.V. Aishwarya; Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage; MCA 239/2024; disposed of as withdrawn.

What did the court decide?

Misc. Civil Application permitted to be withdrawn ¶5

Amit Arun Sawalakhe vs Anuja Amit Sawalakhe — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Misc. Civil Application permitted to be withdrawn

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Issue for consideration

Whether the domestic violence proceeding (seeking relief under Sections 13 to 23 of the Domestic Violence Act) could be transferred under Section 26 of the Domestic Violence Act from the Judicial Magistrate First Class, Cantonment Court, Pune to the Family Court at Pune.

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Court's answer

Where reliefs apart from Sections 18 to 22 of the D.V. Act are sought in a domestic violence proceeding, the same cannot be transferred under Section 26 of the Domestic Violence Act; consequently, an application/complaint seeking relief under any other section of the D.V. Act (e.g., Section 31) would not be maintainable before the Family Court.

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Key takeaways

The Family Court has power to decide complaints seeking relief under Sections 18 to 22 of the D.V. Act, and transfer of such proceedings from the Magistrate's Court to the Family Court can be allowed; however, a transfer which is not bonafide may be rejected on merits case to case, keeping in mind the stage of the proceedings.obiter¶15
Since the D.V. Act gives the aggrieved person (wife) a choice of forum for reliefs under Sections 18 to 22 — the Magistrate under Section 12 or the civil court, family court or criminal court under Section 26 — a transfer sought by the wife, considering the Supreme Court's judgment in N.C.V. Aishwarya, will have to be considered favourably.obiter¶15.2

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.), 17-11-2025 — Husband's Misc. Civil Application No. 410/2025 sought transfer of the wife's domestic violence proceeding (reliefs under Sections 13 to 23, Domestic Violence Act) from the Judicial Magistrate First Class, Cantonment Court, Pune to the Family Court at Pune. Reaffirming his earlier view in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors., paras 15, 15.1, 15.2), the Judge held that Section 26 of the Domestic Violence Act confines transfer to reliefs under Sections 18 to 22; a complaint seeking relief under any other section (e.g., Section 31) is not maintainable before the Family Court; a wife's choice of forum (Magistrate under Section 12 or civil/family/criminal court under Section 26) is to be considered favourably per N.C.V. Aishwarya, subject to bona fides and the stage of proceedings. On the court expressing disinclination, counsel sought and obtained withdrawal; the application stands disposed of as withdrawn.

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2025:BHC-AS:49466

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Diksha Rane 25 MCA 4102025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 410/2025

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Amit Arun Sawalakhe ..APPLICANT VS Anuja Amit Sawalakhe ..RESPONDENT ------------

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Adv. Rahul Shelke a/w. Adv. Akshada Karale, Adv. Aditi Kore for applicant.

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None for respondent.

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CORAM : RAJESH S. PATIL, J.

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DATE : 17 NOVEMBER 2025.

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P.C. :

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1. The present transfer application has been filed by the respondent, husband seeking transfer of the domestic violence proceeding filed by the respondent, wife from the Judicial Magistrate

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First Class, Cantonment Court, Pune to the Family Court at Pune.

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2. The domestic violence proceeding has been filed seeking relief under Sections 13 to 23 of the Domestic Violence Act.

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3. I have already taken a view in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage &

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Ors.) that if the relief apart from Section 18 to 22 are sought in the domestic violence proceeding, the same cannot be transferred under

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¶17

Diksha Rane 25 MCA 4102025.doc

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Section 26 of the Domestic Violence Act. Paragraphs 15, 15.1, and

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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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4. As I have shown my disinclination to allow present Misc. Civil Application, learned counsel for the applicant seeks liberty to withdraw the Misc. Civil Application.

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5. The Misc. Civil Application stands disposed of as withdrawn .

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(Rajesh S. Patil, J.)

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Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 18/11/2025 16:48:32

Amit Arun Sawalakhe v. Anuja Amit Sawalakhe

Case brief

What is this about?

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Amit Arun Sawalakhe v. Anuja Amit Sawalakhe

Case brief

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What the court decided

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