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MILIND N. JADHAV
Khanjan Hitendra Jasani – Appellant
Versus
Krupali Khanjan Jasani – Respondent
JUDGMENT :
Milind N. Jadhav, J.
1. Heard Mr. Kulkarni, learned Advocate for Applicant; Mr. Davar, learned Advocate for Respondent No.1 and Mr. Rane, learned Advocate for Respondent No.2.
2. Miscellaneous Civil Application seeks transfer of C.C. No.400054/DV/2023, proceeding filed under the Protection of Women from Domestic Violence Act, 2005 (for short ‘D.V. Act’) by Respondent – Wife before the Additional Chief Metropolitan Magistrate, 4th Court at Girgaon, Mumbai to the Family Court at Bandra, Mumbai and further direction to club both proceedings together and be heard together. Application is filed by husband.
3. Mr. Davar would submit that he has instructions to oppose the Miscellaneous Civil Application. He would submit that there are four proceedings which are pending between parties. The first is Marriage Petition No.A-2787 of 2023 filed by Applicant – husband in the Family Court at Bandra. The second is a Civil suit seeking declaration against the Respondent – wife filed by mother of the Applicant - husband in the Bombay City Civil Court, at Mumbai with respect to a flat. The third is a Civil suit filed by the husband seeking restraint / injunction against Respondent – wife from
The court established that the transfer of domestic violence proceedings to the Family Court is justified to ensure a cohesive resolution of related matrimonial issues.
The court emphasized the summary nature of D.V. proceedings and the necessity for timely relief, ruling against transferring such proceedings to avoid delays in maintenance and residence orders.
The court emphasized the civil nature of proceedings under the Domestic Violence act and the jurisdiction of the Family Court to entertain complaints under the act of 2005.
(1) There is no specific bar on Family Court to try PWDV proceedings.(2) Appeal – A litigant neither has right to appeal in a particular forum nor can insist on a particular procedure.
(1) Ratio Decidendi – When a particular proposition of law can be considered to be ratio decidendi, one has to decide the same by considering as to what happens to final conclusion made in the case a....
The Family Court has jurisdiction to entertain applications for reliefs under the D.V. Act, and the provisions of the Family Courts Act, particularly Section 19 providing for appeal, must be consider....
Family and Personal Law - Transfer of complaint - Petitioner has been delaying the proceedings in the application under Section 12 of PWDV Act, also not complying with the orders passed by Magistrate....
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