Ruchit Bharat Patel v. Tanvi Ruchit Patel

45.mca.346.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 346 OF 2024 Dr. Ruchit Bharat Patel .. Applicant

Versus

Dr. Tanvi Ruchit Patel and Ors.

.. Respondents ....................

 Mr. Abhijeet Kadam a/w. Mr. J. K. Shah, Ms. Pooja Shah and Ms. Namrata Thakur, Advocates i/by RJ Law for Applicant. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2024.

P.C.:

1.

Mentioned at the time of rising of the Court at 05:08 p.m. Matter is on Board at Sr. No.45.

2.

Heard Mr. Kadam, learned Advocate for Applicant. 3.

Mr. Kadam would submit that before the Metropolitan Magistrate's 4th Court at Girgaon, Mumbai, the DV Act proceedings are fixed for hearing tomorrow. He would submit that a substantive Misc. Civil Application (for short "MCA") is filed for seeking transfer of the said proceedings to the Family Court, Bandra where already two proceedings have been instituted, one instituted by the Respondent - wife and another instituted by Applicant - husband and both are pending.

4.

He would submit that it would be in the interest of the

45.mca.346.24.doc parties to have one Court hear and decide all three proceedings together rather than having two different Courts decide the same and have conflicting decisions.

5.

At this stage, all that he would submit is that ad-interim relief in terms of prayer clause 'b' of the MCA be granted so that hearing before the the Metropolitan Magistrate's 4th Court at Girgaon, Mumbai of the DV Act proceedings slated for tomorrow can be averted and this Court can take appropriate decision in the present MCA after hearing the Respondent. Application made by Mr. Kadam is fair and appeals to the Court and more specifically so in view of the substantive MCA filed seeking transfer of the said proceeding. 6.

In that view of the matter, learned Metropolitan Magistrate's 4th Court at Girgaon, Mumbai is requested by this Court to defer the hearing of the DV Act proceedings between the parties to a future date by two weeks so as to enable this Court to hear the present MCA after hearing Respondent and decide the same in accordance with law. 7.

Metropolitan Magistrate's 4th Court at Girgaon, Mumbai is directed to take cognizance of a server copy of this order. 8.

List the MCA on Board on 27th September 2024. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE AJAY TRAMBAK UGALMUGALE Date: 2024.09.20 17:53:14 +0530