Chandrashekhar Sooru Karkera v. Saloni Chandrashekar Karkera

18. MCA 142-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 142 OF 2025 Chandrashekhar Sooru Karkera ..Applicant

Versus

ANAND SUDHAKAR SUDAME Saloni Chandrashekhar Karkera ..Respondent Mr. Rishikesh Mishra i/b. Mr. Yogesh Devnani, Advocates, for the Applicant Ms. Neha Sule h/f. Mr. Bhushan Mahadik i/b. Mahadik & Associates, Advocates, for the Respondent by ANAND SUDHAKAR SUDAME Date: 2026.02.13 18:00:48 +0530 CORAM : RAJESH S. PATIL, J.

DATE : 11.02.2026 P. C.

1.

Mr. Mishra, learned Counsel for the Applicant submits that Mediation Report has not come. He further submits that the mediation has failed. Statements are accepted.

2.

This MCA seeks transfer of the D. V. proceeding pending before the learned Addl. CJM, 8th Court, Esplanade, Mumbai to the learned Family Court, Bandra, Mumbai. From the proceeding, it can be seen that in the D. V. proceeding, where reliefs are sought under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005, I have taken a view in the judgment of Misc. Civil Application No. 239 of 2024 (Jyoti Abhijeet Kandage vs. Abhijeet Narayan Kandage & Ors.) I have held that reliefs under Sections 18 to 22 of the Domestic Violence Act, can even be sought before the Civil Court, Family Court, under the Anand

18. MCA 142-2025.doc provisions of Section 26 of the Domestic Violence Act. Paragraphs 15, 15.1, and 15.2 read as under:

15) Considering the Sections of D.V. Act, and the Judgments discussed in the above paragraphs, it becomes evident that Family Court has power to decide complaint which seeks relief under Sections 18 to 22 of the D.V. Act. Hence in my opinion, transfer of proceedings from Magistrate's Court to Family Court pertaining to relief claimed under Section 18 to 22 of the D.V. Act can be allowed. However, if a transfer proceedings is not a bonafide one, then on merits such a transfer on case to case basis can be rejected. One has to also keep in mind the stage of the proceedings of which transfer is sought.

15.1) Section 26 of D.V. Act, refers to only reliefs sought under Section 18 to 22. Therefore, application/complaint seeking relief under any other section of D.V. Act viz. Section 31, etc. would not be maintainable before Family Court.

15.2) So also, one has to also keep in mind who is coming to the court for the transfer of the proceedings, whether it is the Wife or the Husband or any other party. Since a choice is given to the aggrieved person under the D.V. Act to choose the forum for reliefs sought under Section 18 to 22, (i.e.) before the Magistrate under Section 12 or to the civil court, family court or criminal court under Section 26, such transfer if sought by a Wife, considering the judgment of the Supreme Court in the case of N.C.V.

Aishwarya (supra) will have to be considered favourably.

(Emphasis supplied) 3.

In view of the same, the Miscellaneous Civil Application stands dismissed.

(RAJESH S. PATIL, J.) Anand