Dhanashree Ameya Madkaikar v. Ameya Ravindra Madkaikar

(909)-MCA-132-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.24 16:49:15 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.132 OF 2022 Dhanashree Ameya Madkaikar ..Applicant

Versus

Ameya Ravindra Madkaikar ..Respondent Mr. Mangesh M. Deshmukh, for the Applicant.

Mr. Ajinkya M. Udane, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 24th MARCH, 2022 P.C.

1.

Prayer for transfer is opposed by Mr. Ajinkya Udane, counsel appearing for the non-applicant on the ground that proceedings of which transfer is sought are initiated by the applicant having regard to the cause of action narrated therein. According to him, ground of hardship cannot be inferred.

2.

Considered submissions.

3.

It appears that at the behest of applicant/wife proceedings under the Protection of Women from Domestic Violence Act, 2005 ("DV Act" for short) are initiated and pending on the file of JMFC, Pune. Both these proceedings viz. dissolution of marriage, so also DV Act proceedings are based on same set of facts and documentary evidence and as such, there is likelihood of BGP.

(909)-MCA-132-22.doc.

overlapping of findings, in case, if the proceedings are conducted before the different forums. As such, so as to save precious time and to avoid overlapping of findings to be recorded, in my opinion, application needs to be allowed. That being so, application is allowed in terms in terms of prayer clause (a). 4.

Parties are at liberty to apply before the Family Court jointly as agreed for expeditious disposal of the proceedings. [NITIN W. SAMBRE, J.] BGP.