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Bombay High Court

Riyaz GanjiversusThe State of Maharashtra

Decided
Disposal
Allowed

Holding

The application is allowed; the DV case shall be transferred to the Family Court after the interim maintenance application is decided.

Summary

The husband filed an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to transfer a Domestic Violence (DV) application (No. 17 of 2023) filed by his wife under the Protection of Women from Domestic Violence Act, 2005, from the Metropolitan Magistrate, Railway Court, Andheri, to the Family Court, Bandra, where a divorce petition is pending. The applicant argued that the DV and divorce proceedings contain overlapping allegations and that a transfer would prevent conflicting decisions. The respondent contended that the transfer request was filed three years after the DV case and that the court was about to hear an interim maintenance application, urging rejection of the transfer. The court noted the overlap of issues and agreed that transfer was appropriate, but ordered that it should occur only after the interim maintenance application is decided, directing the magistrate to decide the maintenance matter within two months. Consequently, the application was allowed and the DV case was to be transferred to the Family Court after the maintenance decision.

Issues considered

  • Whether a DV proceeding under the Protection of Women from Domestic Violence Act, 2005, should be transferred to a Family Court to avoid conflicting decisions with a pending divorce petition.
  • Whether the timing of the transfer should be conditioned upon the decision on an interim maintenance application.

Legislation cited

Subjects

  • Domestic Violence
  • Transfer of Proceedings
  • Family Court
  • Interim Maintenance
  • Conflicting Decisions
  • Criminal Application
  • Section 447
  • Protection of Women from Domestic Violence Act
  • Divorce

Judgment

                                                            22-appln-292-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO. 292 OF 2026

Riyaz Ganji                                       …Applicant

        V/s.

The State of Maharashtra & Anr.                   ...Respondents


Ms. Swapna Kode, Advocate for the Applicant.
Mr. V. N. Sagare, APP for the Respondent/State.
Adv. Manen Sanghai a/w Adv. P. Singh, Advocate for the
Respondent No.2.



                                 CORAM        :   N.R. BORKAR, J.
                                 DATE         :   02.09.2026.

P.C. :

1.                This is an Application under Section 447 of the

Bharatiya Nagarik Suraksha Sanhita, 2023.



2.                By this application, the applicant/husband is seeking

transfer of D.V. Application No. 17 of 2023, filed by the respondent

No. 2/wife under the provisions of the Protection of Women from

Domestic Violence Act, 2005, from the file of the learned

Metropolitan Magistrate, Railway Court at Andheri, Mumbai, to the

Family Court, Bandra, Mumbai.
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3.                I have heard the learned counsel for the applicant and

the learned counsel for the respondent No.2



4.                The learned counsel for the applicant submits that

respondent No.2/wife has filed the petition for divorce and the

same pending before the Family Court, Bandra, Mumbai. It is

submitted that the allegations in the divorce petition which is filed

inter-alia on the ground of cruelty and the proceedings filed under

the provisions of the DV Act are some what identical. It is

submitted that to avoid conflicting decisions, the proceedings filed

under the DV Act be transferred to the Family Court, Bandra,

Mumbai.



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

respondent No. 2 submits that the present application is filed after

three years of the filing of the proceedings under the DV Act and

when the concerned Court is about to hear the application for

interim       maintenance.     It   is   submitted   that   the     application,

therefore, be rejected.



6.                The learned counsel for the respondent No.2 has not
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disputed that some of the allegations in the proceedings under the

DV Act and in the petition filed for divorce are identical. Thus to

avoid any conflicting findings/decisions, the proceedings under the

DV Act will have to be transferred to the Family Court, Bandra,

Mumbai. However, considering the fact and circumstances, it

would be appropriate to transfer the said matter after the

concerned Court decides the application for interim maintenance.

In the result, the following order is passed :



                                     ORDER


                  i)     The application is allowed.
                  `
                  ii)    The concerned Court where D.V Application

                  No. 17 of 2023 is pending shall transfer the said

                  matter to the Family Court, Bandra, Mumbai,

                  where Marriage Petition No. A 178 of 2023 is

                  pending, after the decision on the application

                  for interim maintenance.



                  iii)   Considering the facts and circumstances,

                  the    learned   Magistrate    shall   endeavour    to
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                  decide the application for interim maintenance

                  within a period of two months from the date of

                  receipt of a copy of this order.



7.                The application is disposed of in the aforesaid

terms.

                                                     [N.R.BORKAR, J.]




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