BOMBAY HIGH COURT
K.K. Tated, J.
Kishore Dharmabalan Mundakel – Applicant
versus
Geeta Maruti Dhotre alias Geeta Kishore Mundakel – Respondent
Criminal Revision Application No.100 of 2017 with Civil Writ Petition No.3222 of 2017
Decided on 8.8.2019

IMPORTANT POINT
Matter pending before Magistrate Court, under Protection of Women from Domestic Violence Act, 2005 can be transferred for hearing alongwith matter pending before Family Court.

Headnote:

Protection of Women from Domestic Violence Act, 2005 – Sections 12, 18, 19, 20 and 22 – Hindu Marriage Act, 1955 – Section 13 (1) (ia) and (ib) – Award of monthly maintenance – Matter pending before Magistrate Court, under Protection of Women from Domestic Violence Act, 2005 can be transferred for hearing alongwith matter pending before Family Court – Issue involved in both matters are similar – Both parties are required to lead evidence on same point, if both matters are heard by same court then it is convenient to both parties – Possibility of conflicting orders cannot be overruled – Petitioner has made out case for transferring DV petition filed by respondent wife before Metropolitan Magistrate to Family Court, for hearing and final disposal alongwith Marriage Petition filed by respondent wife for divorce – Petitions disposed of with directions.

Held: The learned Counsel for Petitioner submits that the application filed by the Respondent No.2 wife being case No.10/DV/2015 under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Magistrate 27th Court at Mulund, Mumbai to be transferred to the Family Court, Bandra Mumbai for hearing and final disposal on its own merits. He submits that our High Court in the matter of Sandip Mrinmoy Chakraboarty Vs. Reshita Sandip Chakrabarty & Ors. 2019(1) Bombay Case Report (Criminal) 297 held that in such cases, the matter pending before the Magistrate Court, under the Protection of Women from Domestic Violence Act, 2005 can be transferred for hearing alongwith the matter pending before the Family Court. Paragraph Nos.13 to 15 of this Authority read thus:

It is to be noted that the issue involved in both the matters are similar. Both the parties are required to lead evidence on same point, if both the matters are heard by same court then it is convenient to both the parties. Not only that the possibility of conflicting orders cannot be over ruled.

Considering the statement made by advocate for petitioner and as the law laid down by High Court in the matter of Sandip Mrinmoy Chakraboarty (supra). I am of the opinion that the petitioner has made out the case for transferring the petition No.10/DV/2015 filed by the respondent wife before the learned Metropolitan Magistrate, 27 Court, Mulund, to the Family Court at Bandra, Mumbai for hearing and final disposal alongwith the Marriage Petition No.A889 of 2012 filed by the respondent wife for divorce. I am also satisfied that the sum of Rs.6,65,500/- which is deposited by the petitioner in registry of this Court is required to be transferred to the Family Court at Bandra Mumbai in the account of Marriage Petition No.A889 of 2012 directing Family Court to deposit the same in fixed deposit of any Nationalized Bank initially for a period of one year and same to be continued till further orders from the Family Court itself.

Liberty can be granted to the respondent No.2 wife to make appropriate application before the Family Court for withdraw of the said amount of Rs.6,65,500/- and that to be decided on its own merits. Hence following order.

a) C.C. No.10/DV/2015 filed by respondent No.2 wife Geeta Kishore Mundakel under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 in the Court of learned Metropolitan Magistrate, 27 Court at Mulund, Mumbai is transferred to the Family Court at Bandra, Mumbai for hearing and final disposal on its own merits alongwith the Marriage Petition No.A889 of 2012 filed by wife under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 for divorce.

b) All pending applications in C.C. No.10/DV/2015 before learned Metropolitan Magistrate, 27 Court at Mulund stands transferred to the Family Court at Bandra, Mumbai.

c) Liberty granted to both the parties to make appropriate applications for deciding a monthly maintenance and that to be decided by the Family Court on its own merits.

d) The order passed by the Additional Sessions Judge, Mumbai in Criminal Appeal No.611 of 2016 is set aside along with the order dated 06.05.2016 passed by 27th Metropolitan Magistrate Court, Mulund, with liberty to Respondent No.2 – Wife to file appropriate application before the Family Court for the same cause of action which shall be decided on its own merits.

e) Registry of this Court is directed to transfer of sum of Rs.6,65,500/- with accrued interest if any to Family Court, Bandra in the account of Hindu Marriage Petition No. A889 of 2012 immediately.

f) Liberty granted to the respondent wife Geeta Maruti Dhotre to make appropriate application before the Family Court for withdrawal of sum of Rs.6,65,500/- and that to be decided on its own merits after hearing both the parties.

g) Petitioner husband is directed to pay sum of Rs.15000/- by way of maintenance on or before 10th of each month to the child from the Month of August, 2019 and also to pay all the expenses of child towards medical and education on production of original receipts till further orders from Family Court, Bandra, Mumbai.

h) All contentions of both the parties are kept open.

i) Both the matters are disposed of accordingly.

j) No Order as to costs.

(Paras 8, 16, 18 and 19)

Result: Petitions disposed of.