Anirudha Pradeep Samant v. Bhagyashree Anirudha Samant
Case brief
What is this about?
Samant v. Samant; WRIT PETITION NO.562 OF 2025; Bombay High Court; Madhav J. Jamdar, J.; decided 14 August 2025; order dated 5 September 2024 of Judicial Magistrate First Class, 17th Court, Borivali below Exhibit-3 in C.C. No.139/DV/2023 quashed and set aside by consent; Exhibit-3 remanded to Family Court, Bandra, Mumbai as Criminal Miscellaneous Application No.42 of 2024; transfer pursuant to order dated 30 August 2024 in Miscellaneous Civil Application No.339 of 2023; alternate remedy of Sessions Court appeal under Protection of Women from Domestic Violence Act, 2005; writ entertained despite alternate remedy due to peculiar factual position; contentions on merits kept open; disposed, no order as to costs.
What did the court decide?
Impugned order dated 5th September 2024 passed below Exhibit-3 in C.C. No.139/DV/2023 quashed and set aside by consent; Exhibit-3 application (renumbered Criminal Miscellaneous Application No.42 of 2024) remanded back to the learned Family Court, Bandra, Mumbai; all contentions on merits expressly kept open; no order as to costs.