The court established that D.V. proceedings are summary in nature and should be resolved expeditiously, emphasizing the importance of timely relief for the aggrieved party.

JUDGEMENT

1.By the present Application under Section 24 of the Code of Civil Procedure, 1908, the Applicant-Husband seeks N.S. Kamble page 1 of 21 NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2024.07.09 19:00:48 +0530 2024:BHC-AS:26874 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 seeking divorce and other ancillary reliefs against the N.S. Kamble page 2 of 21 Respondent-Wife. So also the Applicant has filed Civil Suit against Respondent’s parents before the City Civil Court, Mumbai. The Respondent-Wife has thereafter filed D.V.

Proceedings before the Metropolitan Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “DV Act”) on 14th March 2023 seeking various reliefs including urgent monetary and residential reliefs as under:-

(i) Seeking her maintenance and maintenance of daughter and directing the Respondent to pay fees and expenses of the daughter including medical expenses.

(ii) Seeking residence order directing the Respondent to pay the licenses fee of the existing apartment occupied by the Respondent-Wife.

3.The matter has proceed before the Family Court so also before the Magistrate Court and the chart is produced by the Respondent as to the status of the matter before both the Courts, which is reproduced below :

Chart as produced by the Respondent/Wife.

Sr.No.DateMatter in Family CourtMatter in ACMM Court

07.04.2022For Compliance

04.05.2022For Compliance N.S. Kamble page 3 of 21

19.05.2022Compliance

07.06.2022Compliance

08.06.2022Counselling

18.06.2022Counselling

25.08.2022Report of the Marriage Counsellor

10.11.2022Report of the Marriage Counsellor

08.02.2023Report of the Marriage Counsellor

14.03.2023*The D.V Complaint was filed; * Interim Application under S.23 of the DV Act, was also filed ;

* Notice was issued to the Respondent ;

Adjourned to 17.03.23 for the Respondent’s say;

17.03.2023Court was Vacant

18.03.2023Order to issue notice to the Respondent was passed.

27.03.2023* Respondents filed their Vakalatnama;

* Complainant filed a Compilation of Documents;

* Complainant filed an Application for issuing a warrant to the Respondent;

Matter was adjourned to 06.04.2023 fo the Respondent’s say on our Application.

06.03.2023The Respondents filed their say to Application for issuing a warrant ;

The Respondent filed an Application challenging the maintainability of our Application for issuing a warrant;

The matter was adjourned. The Respondents filed their affidavit in reply to Interim Application for maintenance ;

12.04.2023Court was vacant ;

24.04.2023To file Written Statement

26.04.2023Matter was adjourned

12.05.2023The Respondent filed a taken N.S. Kamble page 4 of 21 on board application; The Respondentmade an application to deposit a cheque, towards the rent payable to the landlady of the Planet Godrej Apartment;

23.05.2023Respondent filed a Purshis to place on record the fact that, despite the Hon’ble High Courts order which was passed on 3rd May 2023 – to decide on th