Palash Baburao Dahiphale v. Akanksha Palash Dahiphale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 150 OF 2025 Palash Baburao Dahiphale ...

Applicant V/s.

Akansha Palash Dahiphale ...

Respondent ------------------- Ms. Seema Sarnaik, Senior Advocate h/f Sangeeta Salvi, for the applicant.

Mr. Tejas Hartalkar, for the respondent no. 1. Mr. N.B. Patil, APP, for the State.

-------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.07.14 17:16:38 +0530

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

11th JULY 2025 PC:

1.

Heard the learned counsel for the parties.

2.

This application is preferred seeking transfer of the proceeding being application No. PWDVA/404/2024 from the Court of Judicial Magistrate First Class, Thane to the Family Court at Thane where Marriage Petition No. A/512/2024 is pending.

3.

The learned counsel for the respondent, on instructions, submits that the respondent has no objection to transfer the proceeding to the Family Court,Thane. However, the application for interim maintenance filed by the respondent-wife in Application no. PWDVA/404/0024 has

yet not been decided and the respondent is rendered without means. 4.

Without delving into the questions as to whose fault led to the alleged delay in deciding the application for interim maintenance, the Application No. PWDVA/404/2024 is ordered to be transferred to the Family Court, Thane, after the learned Magistrate passes an order on the application for interim maintenance.

5.

Parties shall appear before the Learned Magistrate on 21st July 2025.

6.

The learned Magistrate is requested to make an endeavour to hear and decide the application for interim maintenance in Application No. PWDVA/404/2024 as expeditiously as possible and, preferably within a period of two months from the next scheduled date of hearing of the said application.

7.

The parties shall also cooperate with the Learned Magistrate for the expeditious decision on the said application. 8.

The proceeding in Application No. PWDVA/404/2024 stands transferred from the Court of Judicial Magistrate First Class, Thane to the Family Court at Thane for hearing and disposal in accordance with law, after the decision on the application for interim maintenance, along with Marriage Petition No. A/512/2024. 9.

The learned Magistrate, Thane shall transfer the record and proceedings in Application No. PWDVA/404/2024 with such dispatch that it reaches the Family Court at Thane within a period of two weeks from the date of passing of the order on the application for interim maintenance.

10.

Application stands disposed.

No costs.

(N.J. JAMADAR, J)