Sachin Ganpat Bhagwat v. Sujata Sachin Bhagwat Alias Shraddha Kailas Kale

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. 393 OF 2024 Sachin Ganesh Bhagwat .. Applicant

Versus

Sujata Sachin Bhagwat @ Shraddha Kailas Kale .. Respondent ....................

 Mr. Sachin Padaye, Advocate for Applicant.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 05, 2024.

P.C.:

1.

Heard Mr. Padaye, learned Advocate for Applicant. 2.

Affidavit of service dated 05.09.2024 is taken on record. It is seen that on 22.08.2024, Respondent was served. 3.

Present Misc. Civil Application (for short "MCA") is filed by the Applicant - husband for transfer of the PWDVA Application No.153 of 2023 pending before the Court of Chief Judicial Magistrate, Nashik to the Family Court, Nashik Road at Nashik.

4.

Perusal of the MCA shows that if the principal prayer prayed for by the Applicant - husband is allowed, it would enure to the benefit of the Respondent - wife. That apart, it would also enure to the benefit of both the parties since appropriate directions can be passed to the Family Court at Nashik to club the proceedings together and hear and

decide them together in view of the common questions of facts and law that would arise in the proceedings between the same parties. 5.

In that view of the matter, Mr. Padaye, learned Advocate for the Applicant - husband would submit that no inconvenience whatsoever can be caused to the Respondent - wife as the issue of proximity of distance would not apply and most importantly the Respondent - wife is residing in Nashik itself. It is seen that Respondent - wife has filed her DV Act proceedings bearing PWDVA Application No.153 of 2023 before the Chief Judicial Magistrate, Nashik in the same jurisdiction incidentally. Before the Family Court at Nashik, Marriage Petition filed by the Applicant - husband is pending. In order to ensure that both the proceedings which are pending in two or more different Courts between the same parties raising common questions of facts and law are heard together and which are infact interdependent on each other, Mr. Padaye, learned Advocate for Applicant - husband would submit that it is desirable that all cases should be clubbed together and tried together by the same Judge / Court so as to avoid multiplicity in trial on the same issues and avoid conflict of decisions.

6.

I agree with the submissions made by the learned Advocate for Applicant as the said submissions are infact in the interest of the parties and would cause absolutely no prejudice whatsoever to the

Respondent - wife.

7.

In that view of the matter, it would be worthwhile to allow the MCA as it would enure to the benefit of the parties and more specifically it would be convenient to the Respondent - wife also. 8.

In view of my above observations and findings, MCA stands allowed in terms of prayer clause 'b' which reads thus:- "(b) Pass an appropriate order directing the transfer of the PWDVA Application No.153 of 2023 pending before the Court of Ld. Chief Judicial Magistrate, Nashik to the Family Court Nashik Road at Nashik."

9.

Learned Family Court, Nashik Road at Nashik is directed by this Court to club both the proceedings together and decide the same together strictly in accordance with law.

10.

With the above directions, MCA stands allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.09.06 11:05:16 +0530 AJAY TRAMBAK UGALMUGALE