Aditya Arvind Mehta v. The State Of Maharashtra, Thr. The Government Pleader And ANR.

by SHALIKRAM PRALHADRAO BOREY Date:

2022.07.13 11:43:23 +0530 SHALIKRAM PRALHADRAO BOREY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION 234 OF 2022 Aditya Arvind Mehta ... Applicant.

Versus

The State of Maharashtra, through Govt. Pleader & Anr.

... Respondents.

--- Mr. Parimal K. Shroff, Advocate a/w. D. V. Deokar, Sachin Pandey i/by M/s. Parimal K. Shroff & Co. for the Applicant. Mr. N. B. Patil, AGP for the State.

Mr. Rohan Cama, Advocate a/w. Gayatri Gokhale & Zainba Abdi i/by Shena Jethwa for Respondents.

--- CORAM : ROHIT B. DEO, J.

DATE : JULY 12, 2022 P.C. :- 1.

This Application is preferred by Mr. Aditya Arvind Mehta, who is seeking transfer of Complaint 1500102 /DV/ 2021, which is instituted by Non-applicant 2-Mrs.Monika Aditya Mehta under the provisions of Protection of Women from Domestic Violence Act, 2005 ("D.V.Act") from the Court of 15th Metropolitan Magistrate's Court at Sewree, Mumbai to the Family Court at Bandra, Mumbai to be heard alongwith Divorce 1/3

Petition A/346 of 2021.

2.

The parties have jointly agreed that the Misc. Civil Application can be disposed of in terms of the following order :- (i) Application/Complaint 1500102/DV/2021 shall stand transferred to the Family Court at Bandra and shall be heard alongwith Divorce Petition A346/2021 . (ii) The Applicant-husband and Non-Applicant-Wife shall file their AfÏdavits of disclosure of assets and liabilities, in consonance with the decision of the Apex Court Rajesh vs. Neha and Anr. (2021) 2 Supreme Court Cases 324 in the proceedings under the D.V. Act, on 2nd August, 2022, which is the next date of hearing before the Family Court, Bandra.

(iii) The parties undertake that copies of the AfÏdavits shall be served on the other side in advance. Parties further agree that the afÏdavits of disclosure of assets and liabilities shall also be considered in the Divorce Petition.

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(iv) The Applicant undertakes to file the reply to the Application under D. V. Act and further reply to the Application, seeking interim maintenance in the D. V. Proceedings on the same date i.e. on 2nd August, 2022. (v) This Court expects the parties to act on the undertaking solemnly given to this Court and on the basis of which this Misc. Civil Application is disposed of. (vi) The learned trial Court shall ensure that the Application, seeking interim maintenance is decided finally on or before 3rd September, 2022.

(vii) The learned trial Court is further requested to decide any other application for interim and urgent orders expeditiously.

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The Civil Application is disposed of.

(ROHIT B. DEO, J.) .....

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