B.M. Suman Vs Shashikanth Bhagavan — Bombay HC (2025) — LawSathi Research

B.M. Suman Vs Shashikanth Bhagavan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed to the extent of the matrimonial case: Matrimonial Petition No.110/2019/C transferred from Civil Judge Senior Division Mapusa ('A' Court) to Civil Judge Senior Division 'A' Court, Panaji, with parties directed to appear there on 03/03/2025 at 2.30 p.m. (the date earlier fixed by the Mapusa court). Transfer of PWDVA/DVA Case No.27/2019/C was not granted by the High Court; the applicant was redirected to seek it from the Sessions Court, North Goa at Panaji, which is to consider the respondent's no objection.

Issue for consideration

Whether Matrimonial Petition No.110/2019/C pending before the Civil Judge Senior Division, Mapusa ('A' Court) should be transferred to a Civil Judge Senior Division within the territorial jurisdiction of the Tiswadi/Panaji courts, on the ground of the applicant-wife's change of residence from Porvorim, Bardez to Old Goa. +1 more

Court's answer

With the respondent's counsel having no objection, Matrimonial Petition No.110/2019/C pending before the Civil Judge Senior Division, Mapusa ('A' Court) stands transferred to the file of the Civil Judge Senior Division at Panaji; the Registry is to inform the Superintendent of the 'A' Court at Mapusa to transfer the file accordingly.

Ratio / Principle

By virtue of the proviso to sub-section (2) of Section 447 BNSS, an application for transfer of a criminal case from one Criminal Court to another within the same Sessions Division cannot be granted unless such an application has been made to the Sessions Judge and rejected; since the parties had not applied to the Sessions Court, North Goa, the High Court does not grant the transfer of DVA Case No.27/2019/C.

Key takeaways

The transfer of the DVA case is to be considered by the Sessions Court, North Goa at Panaji upon the applicant filing an appropriate application there; in considering it, the Sessions Court shall take into account that the respondent has no objection to transferring the DVA proceedings to the same 'A' Court at Panaji to which the matrimonial proceedings have been transferred, which Court also acts as JMFC.ratio¶23

Detailed headnote1 paragraphs

Transfer Application (Section 24 CPC) before the High Court of Bombay at Goa (Valmiki Menezes, J.) partly allowed. (i) With the respondent-husband raising no objection, Matrimonial Petition No.110/2019/C for divorce, pending before the Civil Judge Senior Division, Mapusa ('A' Court), was transferred to the Civil Judge Senior Division 'A' Court, Panaji, on the applicant-wife's ground of change of residence from Porvorim, Bardez to Old Goa; parties were directed to appear before the Panaji court on 03/03/2025 at 2.30 p.m., the date earlier fixed by the Mapusa court. (ii) The companion request to transfer PWDVA Case No.27/2019/C from the JMFC, Mapusa to Panaji was not granted by the High Court: under the proviso to sub-section (2) of Section 447 BNSS, a criminal case cannot be transferred between courts within the same Sessions Division unless an application has first been made to, and rejected by, the Sessions Judge; the parties had not applied to the Sessions Court, North Goa. The High Court directed that the Sessions Court, North Goa at Panaji consider the transfer upon a fresh application, taking into account the respondent's no objection to the DVA proceedings moving to the same 'A' Court, Panaji (which also acts as JMFC).

XFA 5 of 2024

Meena

IN THE HIGH COURT OF BOMBAY AT GOA

TRANSFER APPLICATION NO.5 OF 2024

B.M. SUMAN ... APPLICANT Versus SHASHIKANTH BHAGAVAN ... RESPONDENT

... RESPONDENT

Mr Abhishek Sawant, Advocate Under Legal Aid Scheme for the Applicant.

Ms Apeksha Kalokhe, Advocate for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 29th January, 2025

P.C.:

This is an application under Section 24 CPC seeking the transfer of a matrimonial petition for divorce registered being Matrimonial Petition No.110/2019/C, pending before the Civil Judge Senior Division Mapusa(now A Court) to the file of any Civil Judge of the Senior Division within the territorial jurisdiction of the Tiswadi Courts. The application is moved by the Applicant/wife on the ground that at the time when the proceeding was instituted, her residence was at Porvorim, Bardez within the jurisdiction of the Bardez Courts and she has now moved her residence to Old Goa along with two children, within the jurisdiction of the Panaji Court.

After service on the respondent's husband, learned Advocate Ms.

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Apeksha Kalokhe appearing for the Respondent has no objection to the transfer of the Matrimonial Petition to Panaji jurisdiction. Accordingly, Matrimonial Petition No110/2019/C pending before the Civil Judge Senior Division Mapusa (A Court) shall stand transferred to the file of the Civil Judge Senior Division at Panaji. The Registry to inform the Superintendent of the 'A' Court at Mapusa of this order, who shall act accordingly and have the concerned file transferred to the file of Civil Judge Senior Division 'A' Court at Panaji.

The parties shall appear before the Civil Judge Senior Division 'A' Court Panaji on 03/03/2025 at 2.30pm, which was otherwise the date fixed by the Civil Court at Mapusa.

The applicant further seeks transfer of PWDVA Case No.27/2019/C pending before the JMFC, Mapusa (now A Court) on the very same ground. The Respondents have no objection to such transfer. However, in terms of proviso to sub Section (2) of Section 447 of the BNSS, no application for transfer of a criminal case from one Criminal Court to another Criminal Court within the same Sessions Division, should be granted unless an application for such transfer has been made to the Sessions Judge, and such application has been rejected. It is not in dispute that the parties have not applied to the Sessions Court, North Goa, in the present case for a transfer of the DVA case no.27/2019/C from the JMFC, A Court, Mapusa to the JMFC, Panaji on the aforementioned grounds. In that view of the

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XFA 5 of 2024

matter, the transfer of the DVA case would be required to be considered by the Sessions Court, North Goa at Panaji on the applicant filing an appropriate application for such transfer. In the event of such an application being made before the Sessions Court for transfer of the proceeding, the Sessions Court shall consider the fact that the Respondent has no objection to transfer the DVA proceedings to the same Court to which the matrimonial proceedings have now been transferred to 'A' Court at Panaji, which Court also acts as JMFC.

The application stands allowed to the aforesaid extent.

VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 04/02/2025 11:24:28

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