2025:BHC-AS:50855 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by KANCHAN KANCHANVINOD V M I A N Y O E D KAR M D 20 a A 2 t Y e 5 : E .1 K 1 A .2 R 5 CIVIL APPELLATE JURISDICTION

12:59:33 +0530 MISCELLANEOUS CIVIL APPLICATION NO. 356 OF 2025 ANNURADHA ARUN POTE ALIAS ANNURADHA JAYPRAKASH GHULE ….. APPLICANT VERSUS ARUN DINKAR POTE ….. RESPONDENT Adv. Pooja Makhija (Thr. V.C.) for the Applicant.

Adv. Jayant Bardeskar for the Respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 21 NOVEMBER, 2025 P.C. :-

1) By the present transfer proceeding the applicant, who is the wife of the respondent, is seeking transfer of three proceedings, viz. (a) divorce proceedings filed by the husband before the Civil Judge Senior Division, Jaysingpur, District Kolhapur to the Family Court at Pune and to be heard alongwith (b) the maintenance application filed under Section 144 of the Bharatiya Nyaya Sanhita, 2023 filed before the Judicial Magistrate First Class, Khadki to the Family Court at Pune and also (c) the DV proceeding filed before the Judicial Magistrate First Class, Khadki to be transferred to the Family Court at Pune.

2) I have heard learned advocates for both the sides and I have gone through the documents on record.

3) I have already held in Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors.) that reliefs under Sections 18 to 22 of the Domestic Violence Act, can also be sought by aggrieved person before the Family Court under the provisions of Section 26 of the Domestic Violence Act. Paragraphs 15, 15.1, and 15.2 read as under:

15) Considering the Sections of D.V. Act, and the Judgments discussed in the above paragraphs, it becomes evident that Family Court has power to decide complaint which seeks relief under Sections 18 to 22 of the D.V. Act. Hence in my opinion, transfer of proceedings from Magistrate’s Court to Family Court pertaining to relief claimed under Section 18 to 22 of the D.V. Act can be allowed. However, if a transfer proceedings is not a bonafide one, then on merits such a transfer on case to case basis can be rejected. One has to also keep in mind the stage of the proceedings of which transfer is sought.

15.1) Section 26 of D.V. Act, refers to only reliefs sought under Section 18 to 22. Therefore, application/complaint seeking relief under any other section of D.V. Act viz. Section 31, etc. would not be maintainable before Family Court.

15.2) So also, one has to also keep in mind who is coming to the court for the transfer of the proceedings, whether it is the Wife or the Husband or any other party. Since a choice is given to the aggrieved person under the D.V. Act to choose the forum for reliefs sought under Section 18 to 22, (i.e.) before the Magistrate under Section 12 or to the civil court, family court or criminal court under Section 26, such transfer if sought by a Wife, considering the judgment of the Supreme Court in the case of N.C.V. Aishwarya (supra) will have to be considered favourably.

4) The Hon’ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that the convenience of the wife has to be seen while deciding the transfer proceedings. Paragraph no.9 of the said judgment reads as under :-

9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society,