The main legal point established in the judgment is the court's power to transfer proceedings from one court to another, based on the jurisdiction and the Family Court's ample powers to deal with proceedings initiated under the Domestic Violence Act.

By this application, the applicant wife has invoked section 24 of the Code of Civil Procedure, 1908 and has also invoked the general and inherent jurisdiction and also jurisdiction of this court under Article 227 of the Constitution of India and seeks transfer of Case No.155/SS/2009 from the learned Magistrate Court 40th Court, Girgaon to Family Court Bandra and that the same be tried with Petition No.A-1215 of 2011 and Petition No.B-31 of 2011 pending before the Family Court, Bandra.

2. At the threshold the learned counsel appearing for the respondent raises preliminary objection about maintainability of this petition on the civil side of this court on the ground that section 24 of the Code of Civil Procedure, 1908 cannot be attracted to the facts of this case in view of the fact that the learned Metropolitan Magistrate, 40th Court before whom the applicant has filed proceedings under the provisions of 'Protection of Women from Domestic Violence Act, 2005' (hereinafter referred to as the Domestic Violence Act) is not subordinate to the High Court.

3. Some of the relevant facts for the purpose of deciding this petition are as under :-

4. The applicant got married with the respondent on or about 5th November, 1972. The said marriage was registered under the provisions of the Foreign Marriage Act. The applicant has two sons out of the said wedlock. The dispute arose between the parties. It is case of the applicant that the applicant was staying in her matrimonial home i.e. flat nos.2301-B and 2401-B of the Om Vikas Cooperative Housing Society Ltd., situated at Walkeshwar, Mumbai – 400 006. It is the case of the applicant that the respondent had locked the said premises and had stopped access of the applicant to the said matrimonial home in which she was staying with her husband. The applicant accordingly filed a complaint under the provisions of Domestic Violence Act before the learned Metropolitan Magistrate, Girgaum being Case No. 155/SS/2009.

5. The respondent herein filed two proceedings against the applicant both before Family Court at Bandra, Mumbai i.e. Petition No. B-31 of 2011 under sections 7(1) (c) and (d) of the Family Courts Act inter alia praying for various reliefs and a separate petition bearing No.A-1215 of 2011 before the Family Court at Bandra inter alia under the Foreign Marriage Act, 1969 read with sections 27(1) (b) and 27(1) (d) of the Special Marriage Act, 1954 read with section 7 of the Family Court Act, 1984 inter alia praying for dissolution of the marriage between the applicant and the respondent.

6. It is the case of the applicant that the evidence in the proceedings filed by the husband before the Family Court has not commenced. It is the case of the respondent that insofar as complaint filed by the applicant before the learned Metropolitan Magistrate is concerned, the cross examination of the applicant has commenced. It is not in dispute that both the parties are senior citizens.

7. In view of the objection about the maintainability of this application raised by the learned counsel for the respondent, the learned counsel for the applicant has addressed this court on the issue of maintainability first and thereafter on the merits of this application.

8. Mr.Cama, learned counsel appearing for the applicant submits that the applicant has filed the present proceedings not only under section 24 of the Code of Civil Procedure, 1908 but has also invoked the general and inherent jurisdiction and also specific jurisdiction of this court under Article 227 of the Constitution of India. Reliance is placed on section 26 of the Domestic Violence Act and it is submitted that the proceedings filed by his client were under sections 18, 19, 20, 21 and 22 of the said Domestic Violence Act before the learned Metropolitan Magistrate. He submits that the reliefs which are claimed by the applicant before the Metropolitan Magistrate under the provisions of the said Domestic Violence Act can be granted by the Fam