Mr. Vinay Mahendra Runwal v. Mrs. Sonal Vinay Runwal

13-mca-431-2022.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.431 OF 2022 Vinay Mahendra Runwal ... Applicant V/s.

Sonal Vinay Runwal ... Respondent Ms. Priya A. Gajare i/by Mr. Amit A. Karva for the applicant.

Mr. Rahul Shelke with Ms. Akshata Karale for the respondent.

CORAM :AMIT BORKAR, J.

DATED :February 24, 2023 P.C.:

1.

The application is filed for transfer of Domestic Violence Application No.30 of 2021 pending before the learned Judicial Magistrate First Class at Thane to the Family Court, Thane where application under section 9 of the Hindu Marriage Act, 1955 filed by the husband is pending.

2.

It is not in dispute that both Courts are situated in one premises. To avoid conflict of finding, it is necessary that both these proceedings be decided by one Court.

3.

Learned advocate for the wife submitted that her application for interim maintenance is pending before the learned Judicial Magistrate First Class, Thane in Domestic Violence Application No.30 of 2021.

13-mca-431-2022.doc 4.

It is clarified that the transfer of proceedings from the learned Judicial Magistrate First Class at Thane shall take place only after the interim maintenance application filed by the wife is decided by the learned Judicial Magistrate First Class, Thane. 5.

With the above clarification, the miscellaneous civil application is allowed in terms of prayer clause (a). No costs. (AMIT BORKAR, J.)