JUDGMENT :

1. By the present Application under Section 24 of the Code of Civil Procedure, 1908, the Applicant-Husband seeks transfer of D.V. proceeding initiated by the Respondent-Wife for maintenance and residence order, before the Metropolitan Magistrate, 15th Court at Sewree, Mumbai to IVth Family Court, Bandra to be heard and decided along with Divorce Petition No.727 of 2022 filed by the Applicant/husband before the Bandra Family Court. The prayer (a) in the Application reads as under.

“That this Hon’ble Court be pleased to exercise its powers and jurisdiction under Section 24 of the Code of Civil Procedure, 1908 and transfer Application bearing No.CC/11/DV/2023 filed by the Respondent before the Metropolitan Magistrate’s 15th Court at Sewree, Mumbai to the 4th Family Court at Bandra, Mumbai to be heard and decided with Petition bearing No.A 727 of 2022 and a common trial be ordered.”

2. The facts leading to the filing of the Application in brief are as under:

That the Applicant married the Respondent on 7th April 2001. They have a daughter born on 29th June 2013. Due to matrimonial dispute, the Applicant has filed divorce proceeding No.A-727 of 2022 in Family Court at Bandra see