Sunil Phakkad Badhe v. Mrs. Smita Sunil Badhe And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1163 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Kuldeep U. Nikam, Advocate for the Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 25/01/2017 P.C.:

1.

Not on board. At the request of Mr.Nikam taken up in the production board.

2.

Heard Mr.Kuldeep Nikam, learned Counsel for the petitioner.

Mr. Nikam submitted that the impugned order is passed by the learned Additional Sessions Judge, Pune challenging the order dated 23.10.2015 passed by the learned Judicial Magistrate, First Class, Ghodnadi (Shirur) in Criminal Misc.

Application No.225/2013. In view of Section 28 of the Protection of Women from Domestic Violence Act, 2005, he submitted that the petition was wrongly instituted on Civil Side of this Court. In view thereof, he prayed for transferring this proceeding on the Criminal Side of this Court.

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On the motion made by Mr. Nikam, Writ Petition shall stand transferred to the Criminal Side and shall be labeled as Criminal Appellate Jurisdiction. Leave to amend is also granted. Amendment shall be carried out forthwith. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)