Supriya Sujit Phulpagar v. Sujit Dilip Phulpagar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 230 OF 2025 Supriya Sujit Phulpagar ...

Applicant vs.

Sujit Dilip Phulpagar ...

Respondent Mr. Samarth Sadavarte for Applicant.

Mr. Sujit D. Phulpagar, Respondent in Person. CORAM : RAJESH S. PATIL, J.

DATE : 20th SEPTEMBER, 2025 P.C. :- 1.

This miscellaneous civil application is filed by applicant-wife for transfer of domestic violence complaint filed by her before the Magistrate Court at Kurla to Family Court at Bandra, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 read with Sections 18 to 22 of the said Act.

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The respondent-husband is appearing in person and submits that he is staying at Khar along with his mother and married sister, whose divorce proceeding is going on at Family Court, Bandra. He submits that he is ready to reconcile the relationship and for that reason, the matter can be referred to a trained mediator from the panel of mediators of this Hon'ble Court.

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Considering the submissions made before me and after going through the facts of the present case, this is a case, where the applicant-wife has filed domestic violence proceeding before the Magistrate's Court and now, she is seeking transfer of that proceeding to Family Court at Bandra, Mumbai, where she has filed divorce proceeding.

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In my view, the wife being an aggrieved person, can file the domestic violence proceeding under Section 12 of the aforesaid Act, before the Metropolitan Magistrate and same relief can be sought by her under Section 26 of the said Act, before the Civil Court, Family Court or Criminal Court. Hence, according to me, the present application deserves to be allowed.

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The application is allowed in terms of prayer clause (a). 6.

The 60th Metropolitan Magistrate Court (JMFC), Kurla to transfer the proceeding of Domestic Violence Case No.0262/DV/2023, to 6th Family Court, Bandra, within a period of 4 weeks from today. 7.

As the respondent-husband desires to refer the matter to a trained mediator and the learned counsel for the applicant has no objection if the proceeding is sent to mediation, the matter is referred

3/3 to Mediation Centre of High Court, Bombay, who would appoint a trained mediator to attempt to resolve the disputes between the parties.

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All concerned to act on the authenticated copy of this order. [RAJESH S. PATIL, J.] Digitally signed by PRIYA KAMBLI Date:

2025.09.23 11:12:50 +0530 PRIYA KAMBLI