Veenesh Priyadarshi v. Pushpita Sinha

P.H. Jayani 901 APPLN227.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APPLN) NO. 227 OF 2025 Veenesh Priyadarshi .... Applicant v/s.

Pushpita Sinha and anr.

.... Respondents Mr. Hamza Lakdawala for the Applicant.

Ms. Sapna Krishnappa a/w. Mr. S.G. Mahamani for the Respondent No.1. Ms. Supriya Kak, APP for the Respondent No.2 - State. CORAM : SHYAM C. CHANDAK, J.

DATED : 19th DECEMBER, 2025 P. C. :- 1) Heard.

2) Present Application seeking transfer of C.C.No.154/DV/2020 from the Court of the learned Metropolitan Magistrate, Railway Court, Andheri, Mumbai to Court No.2, Family Court, at Bandra, Mumbai. 3) The transfer of the case has been sought on several grounds. One of the grounds is that, the divorce proceedings has been going on between the parties in the Family Court at Bandra. However, the learned Counsel for the Respondent-wife has opposed this Application raising certain contentions. After hearing the Application for some time, the learned Counsel for the Applicant submitted that let the said case continue in the Court where it is presently pending. However, he submitted that, the Respondent No.2 is not diligently proceeding with the case nor cooperating for its expeditious disposal. Therefore, the learned Counsel for 1/2

P.H. Jayani 901 APPLN227.2025.doc the Applicant submitted that this Application may be disposed of with a direction to the learned Metropolitan Magistrate, Railway Court to expedite the hearing and disposal of the case requested to be transferred. The Respondent No.1, in person, opposed this request. At this stage, the learned Counsel for the Applicant produced an Order dated 31.10.2023 passed in the said case. Therein, the learned Metropolitan Magistrate noted that the Respondent-wife/Applicant therein ought to have proceeded with the Application by leading her oral and documentary evidence. But she kept her busy in filing some unnecessary Applications. It appears that the trial Court is prepared to proceed with the case expeditiously. Unarguably, the said case is pending since 2020.

The learned Counsel for the Applicant submitted that the case is at the stage of filing Affidavit-of-evidence by the Respondent-wife. 4) In view thereof, the proceedings in the C.C.No.154/DV/2020 are hereby expedited. The trial Court is requested to hear and dispose of the said case within a period of one year from today. 4.1) The parties shall co-operate with the trial Court to proceed with the hearing of the said case by producing their evidence on the given date/s.

4.2) The Application stands disposed with the aforesaid directions. PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.12.24 17:34:42 +0530 2/2