Keyur Popatlal Gala v. Nidhi Keyur Gala And ANR

16-appln-43-2022.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.43 OF 2022 Keyur Popatlal Gala ... Applicant V/s.

Nidhi Keyur Gala and Anr.

... Respondents Ms. Kavita Yadav a/w Adv. Sangeeta Salvi for the Applicant.

Ms. Maya Dave for Respondent No.1.

Mr. M.G. Patil, APP for the State.

CORAM

: AMIT BORKAR, J.

DATED : MAY 2, 2023 P.C.:

1.

The husband has filed present application seeking transfer of proceedings under the Protection of Women From Domestic Violence Act, 2005 pending before Metropolitan Magistrate 10th Court, at Andheri Mumbai to the Family Court, Bandra, Mumbai, where the proceedings under DV Act are pending. It is not in dispute that the parties to both the proceedings are same. This Court has already held in the case of Vijay Suryakant Kakade v. Anushka Vijay Kakade & Ors. in Miscellaneous Civil Application No.498 of 2022 decided on 2nd February 2023 that such transfer is necessary to avoid conflict in findings in both proceedings. Since

16-appln-43-2022.doc there is possibility of conflict in findings, the applicant has made out a case for transfer of proceedings.

2.

Hence, the application is allowed in terms of prayer clause (b).

(AMIT BORKAR, J.)