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2021 Supreme(Bom) 1652

C.V.BHADANG
Anirudh Ajaykumar Garg – Appellant
Versus
State Of Maharashtra, Through Govt. Pleader – Respondent


Advocates appeared:
Rohini M. Amin, Advocate, A.R. Patil, Advocate, Surel Shah, Advocate, Hare Krishna Mishra, Advocate

JUDGMENT

C.V. Bhadang, J. - By this application, purportedly filed, under article 227 of the Constitution of India, the applicant-husband is seeking transfer of D.V. case No.6 of 2020 from the file of the learned 40th additional Chief Metropolitan Magistrate at Girgaon, Mumbai to the Family Court at Bandra where Petition No.a-156 of 2021 filed by the applicant, for dissolution of marriage and for custody of the children is pending.

2. The brief facts necessary for the disposal of the application may be stated thus.

3. The applicant married with the Respondent No.2 on 12 February 2011. They were blessed with twins on 5 September 2014. However, the marriage thereafter ran into rough weather and as a result thereof, the parties are litigating before different Courts.

4. On 13 February 2020 the Respondent No.1-wife filed a complaint under Section 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence act, 2015 ('the act of 2005' for short) against the applicant and the Respondent Nos.3 and 4 who are the parents of the applicant and which is registered as D.V. Case No.6 of 2020 (D.V. case for short). That case is pending before the learned additional Chief Metropolitan

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