Bombay High Court
Yogesh Muralidhar MahaleversusTejashree Yogesh Mahale
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY MANTRI
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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