Rishi Dandona v. Varsha Dandona
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 432 OF 2025 ANAND SUDHAKAR SUDAME Rishi Dandona ..Applicant
Versus
Varsha Dandona ..Respondent ANAND SUDHAKAR SUDAME Date: 2025.12.06 18:36:41 +0530 Mr. Firdaus Moosa i/b. Ms. Prachi Nahar, Advocates, for the Applicant Mr. Gunjan Mangla a/w. Ms. Tithi T., Advocates, for the Respondent CORAM : RAJESH S. PATIL, J.
DATE : 28.11.2025 P. C.
1.
This is an Application filed by the Applicant, who is the husband of the Respondent seeking transfer of the Domestic Violence Case No. 135/DV/2024 pending before the 12th Metropolitan Magistrate's Court, Bandra, Mumbai to the 7th Family Court, Bandra, Mumbai. 2.
The copy of D. V. Application is enclosed to MCA at page Nos. 22 to 74. It appears to be filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) before the Magistrate's Court seeking reliefs under Sections 17 to 23 of the D. V. Act.
3.
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 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)
4.
In view of the ratio laid down in Jyoti Abhijeet Kandage (Supra) and facts of the present case, where the Respondent - wife is seeking relief under Sections 17 to 23 of the D. V. Act before the Magistrate's Court and admittedly, after her marital discord, she is staying separately from the Applicant - husband, in her parents house with her seven years old son and she, being an house wife, the Miscellaneous Civil Application stands dismissed.
(RAJESH S. PATIL, J.)