SANDEEP SHEKAR SHETTY Vs. SARIKA SANDEEP SHETTY

JUDGEMENT

(1.) The applicant and the respondent were married as per Hindu rites and customs on 08/10/2000. Since the marriage was distraught and perturbed one, both the parties took recourse to the remedies available to them and the applicant filed a divorce petition being Petition No.A-1019 of 2017 before the Family Court at Bandra, Mumbai. The respondent-wife filed proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005 ("the Domestic Violence Act") before the Metropolitan Magistrate, Kurla, in which an order has been passed against the applicant to pay maintenance to the respondent for maintaining the minor child. In the said proceedings, the applicant was directed to pay maintenance to the respondent also and this order was subject matter of challenge before this court.

(2.) Shorn of unnecessary details, I will turn to the prayers set out in the present miscellaneous civil application filed by the applicant, the husband. He is seeking transfer of case bearing No.115/DV/2017 filed by the respondent-wife in the Court of Metropolitan Magistrate, Kurla to the Family Court at Bandra, where the divorce petition filed by the husband being Petition No.A-1019 of 2017 is pending and the substantive prayer clause in the application, reads as under:

(3.) Heard Mr. Ponda, learned senior counsel for the applicant and Ms. Kalra, learned counsel appearing for the respondent.