Vicky Manoj Shah v. Kanal Vicky Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.159 OF 2024 Vicky Manoj Shah .... Applicant V/s.

Kanal Vicky Shah .... Respondent ---- Ms.Kalpana Shah i/b Ms.Sippy Patawari, for the Applicant. Ms.Pooja Jalan, for the Respondent.

by NILAM SANTOSH KAMBLE Date: 2024.04.05 12:11:35 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 3rd APRIL 2024 P.C:- .

By this Application, the Applicant is seeking transfer of Divorce Petition No.A-2334/2019 pending before 13th Metropolitan Magistrate, Bhoiwada/Sewree at Mumbai to Family Court, Bandra.

2.

It is contention of the learned counsel for the Applicant that, the Respondent has filed Divorce Petition, which is pending before the Court Room No.1 at Family Court, Bandra. The Respondent has also filed proceedings under the Domestic Violence Act, which is pending before the Metropolitan N.S. Kamble page 1 of 3

Magistrate, Bhoiwada/Sewree at Mumbai. The learned counsel submit that the proceeding pending before the Metropolitan Magistrate, Bhoiwada/Sewree at Mumbai be transferred to Family Court, Bandra, as it would be convenient for both the parties to go on with the matter under one roof.

3.

The learned counsel for the Respondent submit that the Respondent has no objection for it. Considering the submissions and reasons mentioned in the Application, the Application is allowed and I pass following order.

ORDER

(i) The Application is allowed.

(ii) The D.V. Proceeding No.111/DV/2023 pending before the 13th Metropolitan Magistrate, Bhoiwada/Sewree at Mumbai be transferred to Court Room No.1 at Family Court, Bandra, where Divorce Petition No.A-2334 of 2019 filed by the Respondent is pending.

(iii) Both the parties to appear before the Family Court on 9th May 2024.

N.S. Kamble page 2 of 3

(iv) The learned counsel for the Respondent undertakes to file Vakaltnama before the Registry. (v) The Trial Court is requested to dispose of both the Petitions as early as possible.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3