2025:BHC-AS:40184

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO.423 OF 2024

Srikant Shyamanand Chaturvedi )

SHARADA Aged: 46 years, Occupation: Service )

RANGNATH

WAHULE Indian Inhabitant, residing at 2109, )

Digitally signed by

S R H AN AR G A N D A A TH WAHULE Cosmopolis Shinagawa, 3-6-21, Konana )

Date: 2025.09.24 14:26:11 +0530

Minato-Ku, Tokyo, 108-0075, Japan ) ...Applicant

V/s.

Dr. Roopali Chaturvedi ) Aged:42 years, Occupation: Dentist, )

Indian Inhabitant, residing at A/12, Sea

Pearl Apt., ) J. P. Road, 7 Bungalows, Versova, )

Andheri (West), Mumbai – 400 061 ) … Respondent

____________________________________

Ms. Pooja Jalan, for the Applicant.

Mr. Reshant Shah i/b Lex Conseiller for the Respondent.

____________________________________

CORAM : RAJESH S. PATIL, J . DATED : 18^th September 2025

JUDGMENT and after perusing the entire documents on record, when this Court was not inclined to grant any relief as prayed for, the Advocate for Applicant, still went on arguing the matter. Thereafter this Court warned her that if the argument still continued further, cost will be imposed upon her client. Still the Advocate for the Applicant continued with her submissions.

1. This transfer application has been filed by the Husband of Respondent-Wife, seeking transfer of Domestic Violence complaint filed by the wife before the Metropolitan Magistrate 44^th Court at

Andheri, Mumbai, to Family Court at Bandra, Mumbai.

2. After hearing learned Advocate for the Applicants at length

3. The facts in summary. It is the case of the Applicant that two petitions, between the Applicant and the Respondent, are pending before the Family Court at Bandra. One petition filed by the Applicant-Husband for divorce and custody and the other petition being filed by the Applicant for a declaration with regard to the matrimonial home.

3.1 Thus, by the present transfer application it is prayed that the Domestic Violence complaint filed by the wife which is pending before the Metropolitan Magistrate at Andheri be transferred to Family Court at Bandra.

4. It is submitted on behalf of the Applicant that in order to avoid two conflicting judgments in two different proceedings between the same parties, the matter be clubbed together. So also, there will not be any prejudice to the Respondent-Wife if the matters are clubbed together.

4.1 As against this argument it is the Respondent’s case that she is opposing the transfer application. It is submitted that Respondent is staying with their daughter and the Applicant- Husband is staying in Japan. Further more even the present transfer application has been affirmed in Japan. Therefore it does not make much difference to the Applicant.

5. I have heard counsel for both the sides. There is no dispute about the fact that the present transfer application has been affirmed in Japan and the fact that the Applicant is staying in Japan and working in Japan. The Respondent / Wife is staying with the daughter in Andheri Mumbai. Maintenance Application has been preferred by the Respondent-Wife which is pending for hearing and as of date the Applicant-Husband has not paid any amount towards the maintenance.

6. As per the provision of Section 12 of The Protection of Women from Domestic Violence Act, 2005 (hereafter referred as “D.V. Act”) the wife can file proceeding seeking relief under Section 18 to 22 before the Magistrate Court. So also option is given to the wife to file proceedings for seeking similar relief before the Civil Court, Family Court or a Criminal Court. There is no doubt that a husband does not have a right to file such proceedings before a Magistrate Court or a Family Court. Therefore the option is only to the wife being an aggrieved party to choose her forum.

7. In the present proceedings, the Applicant-Husband is in Japan and the daughter born out of the wedlock of Applicant and Respondent is residing with Respondent-Wife. There is no maintenance paid as of date by the Applicant