Amol Vasant Kelkar v. The State Of Maharashtra

2024:BHC-AS:40797 21 Mca-28-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 28 OF 2024 Amol Vasant Kelkar and Ors.

...Applicants vs.

The State of Maharashtra

...Respondent

***** Ms. Racheeta R. Dhuru a/w Mr.

N. H. Naik Advocate for the Applicants MR. A. S. Gawai AGP for the Respondent No. 1 ***** CORAM :

S. M. MODAK, J.

DATE :

11th OCTOBER 2024 P. C. :- 1.

Heard learned Advocate Ms. Dhuru for the Applicants. 2.

Domestic violence case filed by Respondent No. 2-wife. It is filed before the Court of Metropolitan Magistrate at Borivali. Now Applicant-husband and others seeking transfer of the said case to the Family Court at Mumbai. The husband has filed matrimonial petition there. When the matter was heard on 21.06.2024, a submission was made by Respondent No. 2 that interim application filed under Section 23 of the D. V. Act is pending for consideration, and Seema 1/2

21 Mca-28-2024.doc Respondent No. 2 has no objection for transfer once the said Interim Application is decided. After consent of learned Advocate for Respondent No. 2, direction was given to 17th Court of Metropolitan Magistrate, Borivali to decide that application. Now that interim application is decided on 24.09.2024.

3.

No one is present on behalf of the Respondent No. 2-wife. 4.

Consent recorded in the Order dated 21.06.2024 is considered. 5.

In view of that following order is passed:-

ORDER

(i) Misc. Application is allowed in terms of prayer clause 'a'. (ii) Criminal Case No. 145/DV/2021 is transferred from the Court of 17th Metropolitan Magistrate, Borivali, Mumbai to the Family Court at Bandra, Mumbai.

6.

Misc. Application is disposed of.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 16/10/2024 11:22:26