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Bombay High Court

Yogesh Muralidhar MahaleversusTejashree Yogesh Mahale

Disposal
APPLICATION ALLOWED

Holding

The Court held that, on the basis of the respondent’s residence in Pune and to avoid multiplicity of proceedings, the Domestic Violence proceeding under PWDVA No.256/2023 should be transferred from the Judicial Magistrate First Class, Jalgaon, to the Family Court, Pune.

Summary

The husband (applicant) filed an application to transfer a Domestic Violence proceeding (PWDVA No. 256/2023) pending before the Judicial Magistrate First Class, Jalgaon, to the Family Court, Pune. The respondent did not appear or file a reply, indicating no grievance. Evidence, including school certificates and a bailiff’s report, showed that the respondent and her children reside in Pune. The Court noted that earlier orders had already transferred three related matters between the parties from Jalgaon to Pune, and that the present filing appeared intended to harass the applicant. Accordingly, the Court ordered the transfer of the proceeding to the Family Court, Pune to avoid multiplicity and inconvenience, and disposed of the application.

Issues considered

  • Whether the Domestic Violence proceeding pending before the JMFC, Jalgaon, should be transferred to the Family Court, Pune.
  • Whether the respondent’s residence and prior transfers of related matters justify such a transfer.

Legislation cited

Subjects

  • Domestic Violence
  • Transfer of jurisdiction
  • Family Court
  • Multiplicity of proceedings
  • Residence
  • Harassment
  • PWDVA

Judgment

2026:BHC-AUG:23030


                                                    1                         901.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                         MISC. CIVIL APPLICATION NO. 271 OF 2024

                                YOGESH MURALIDHAR MAHALE
                                          VERSUS
                                 TEJASHREE YOGESH MAHALE

                                                ...
                           Advocate for Applicant : Mr. Bhushan Mahajan
                                                …

                                                   CORAM : ABHAY J. MANTRI, J.

                                                   DATE      : 12TH JUNE, 2026

              PER COURT :

              1.           The Applicant/husband has filed this Application seeking

              transfer of the Domestic Violence proceeding bearing PWDVA No.

              256/2023, pending before the learned Judicial Magistrate First Class,

              Jalgaon, to the learned Family Court, Pune.

              2.           Heard the learned Advocate for the Applicant. No one

              appears for the Respondent when the matter is called out.

              3.           It is pertinent to note that despite the Respondent appearing,

              she failed to file a reply to the Application. The said fact itself indicates

              that she has no grievance regarding the averments made in the

              Application and, therefore, has not filed a reply.
                                     2                         901.odt


4.            Learned Advocate for the Applicant vehemently contended

that the Respondent and her children are residing at Pune. He has also

taken me through the order dated 02.08.2024, passed in Miscellaneous

Civil Application No. 27/2024, and pointed out paragraph no. 3, wherein

this Court has categorically observed that all the Respondents are

residents of Pune. He also showed the bona fide certificates issued by the

school and college to their children. Similarly, the bailiff’s report in the

present case indicates that the Respondent is residing at Pune. The said

facts support the learned Advocate for the Applicant's contention.

5.            Thus, prima facie, it seems that though the Respondent, with

her children, is residing at Pune, has filed the proceeding under the

Domestic Violence Act before the JMFC, Jalgaon, to harass the Applicant

and his family members, who are also residing at Pune. Therefore, in my

view, it would be appropriate to transfer the Domestic Violence

proceeding from Jalgaon to Pune.

6.            Apart from that, by order of this Court in MCA No. 27/2024,

dated 02.08.2024, three matters between the same parties have been

transferred from Family Court, Jalgaon, to Family Court, Pune.

Therefore, it would also be appropriate to transfer this proceeding to

Pune to avoid multiplicity of proceedings and the inconvenience caused

to the parties.
                                     3                       901.odt


7.            Consequently, the Application is allowed in terms of prayer

clause ‘B’.

8.            Inform the concerned Courts accordingly.

9.            The Application is disposed of.




                                                ( ABHAY J. MANTRI, J. )




SPC


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