HEMANT BABANRAO THORVEversusRAHIMA HEMANT THORVE

                                                               20-appln-269-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO. 269 OF 2026

Hemant Babanrao Thorve                              …Applicant

        V/s.

Rahima Hemant Thorve                                ...Respondent


Mr. Ishaan Oswal a/w Ms. Stuti Oswal i/b Shirin Merchant, Advocate
for the Applicant.
Mr. Shubhankar Kulkarni, Advocate for the Respondent.


                                 CORAM        :     N.R. BORKAR, J.
                                 DATE         :     29.09.2026.

P.C. :

1.                This is an application under Section 447 of the

Bharatiya Nagarik Suraksha Sanhita, 2023.



2.                By this application, the applicant/husband has prayed

that the proceedings filed by the respondent/wife under the

provisions of the Protection of Women from Domestic Violence Act,

2005, bearing P.W.D.V.A. No. 446 of 2025, pending on the file of

the Judicial Magistrate First Class, Pune, be transferred to the

Family         Court,   Pune,   where   the       petition   filed    by      the

applicant/husband for divorce, bearing P.A. No. 61 of 2026, is
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pending.



3.                I have heard the learned counsel for the applicant and

the learned counsel for the respondent.



4.                The learned counsel for the applicant submits that the

applicant/husband has filed the petition for divorce on the ground

of cruelty. It is submitted that the respondent/wife has also alleged

domestic violence / cruelty in the proceedings filed by her. It is

submitted that, to avoid conflicting findings or decisions, both the

matters need to be decided by one and the same Court.



5.                On the other hand, the learned counsel for the

respondent/wife submits that the prayers in both the matters are

different. It is submitted that the present application, therefore,

may not be entertained.



6.                Considering the facts and circumstances, the possibility

of conflicting findings/decisions cannot be ruled out. I am

therefore inclined to allow the present application. Thus, the

following order is passed :
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                                    ORDER


                  i)    The application is allowed.


                  ii)   The Judicial Magistrate First Class, Pune,
                  shall transfer the proceedings filed by the
                  respondent     under   the    provisions   of    the
                  Protection of Women from Domestic Violence
                  Act, 2005, bearing P.W.D.V.A. No. 446 of 2025, to
                  the Family Court, Pune, where the petition filed
                  by the applicant/husband for divorce, bearing
                  P.A. No. 61 of 2026, is pending.


7.                The application is disposed of.



                                                      [N.R.BORKAR, J.]




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