Rohan Shah VS Nishigandha Shah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

KAMAL KHATA
Rohan Shah – Appellant
Versus
Nishigandha Shah – Respondent

Counsel for the Parties:
For the Applicant:Ms. Tauban Irani, Advocate with Sachi Lodha and Disha Shetty, Advocates i/b TF Irani and Mr. Abhijeet Sarwate, Advocates with Shilpa Joshi, Prerak Sharma and Hardev Aidhen, Advocates
For the Respondent:Mr. Rohaan Cama, Advocate with Gayatri Gokhale, Advocate, Mr. Mohit Bhardwaj, Advocate with Ruturaj Pawar, Advocate

JUDGMENT

This Miscellaneous Civil Application is filed by the Applicant-husband under Section (“u/s”) 24 of the Civil Procedure Code, 1908 (“CPC”) to transfer the Application filed by the Respondent-wife u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (“PWDV Act”) of from Metropolitan Magistrate’s 62nd Court, Bhoiwada, Mumbai to Family Court, Bandra, Mumbai.

2. The Applicant-husband and Respondent-wife got married on 23rd December 2001 at Mumbai. Out of wedlock there are two daughters born; one on 26th October 2002 and another 19th September 2005. Both are major now. Though the couple resided in USA initially, they returned to India in 2008. Eighteen years into their marriage, in or around 2019, the couple decided to separate on account of marital discord. The respondent-wife left for USA on 25th October 2021 with the intention to seek divorce and maintenance before the Supreme Court of New Jersey. The respondent-wife’s application before the US Court was dismissed on the preliminary ground of jurisdiction.

3. On the other hand, Applicant-husband filed for divorce u/s 13(1) (ia) of Hindu Marriage Act, 1955 by filing Marriage Petition bearing No. A-347 of 2021 bef