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.
Pramod S.Lakare
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22-appln-292-2026.doc
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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22-appln-292-2026.doc
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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22-appln-292-2026.doc
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.]
Pramod S.Lakare
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