SANKET SANJEEV KHANOLKAR Vs. SURABHI SANKET KHANOLKAR

JUDGEMENT

(1.) This is an application under Section 24 of the Civil Procedure Code seeking transfer of the proceedings i.e. D.V. Application No.44 of 2020 pending on the file of 5th Court of Metropolitan Magistrate Bhoiwada, Mumbai to Family Court, Bandra which is dealing with divorce proceeding bearing Lodging No. 2137 of 2020.

(2.) The parties to the application got married on 19/12/2010 and out of matrimonial differences both the aforesaid proceedings are initiated. In both these proceedings, applicant-husband is non-applicant and he has sought transfer of proceedings from the Court of Metropolitan Magistrate to the Family Court.

(3.) According to the learned Counsel for the applicant, transfer is required to be ordered so as to avoid contradictory findings on the same set of facts, to save judicial time, avoid hardship to the parties and also to avoid repetition of the proceedings. The learned Counsel for the Applicant has placed reliance on the following judgments in the matters of (1) Hitesh Prakashmalji Mehta vs. Ashika Hitesh Mehta, delivered on 28/9/2020 in Misc. civil Application (St) No.788 of 2020, (2) Mr. Santosh Machindra Mulik vs. Mrs. Mohini Mithu Choudhari, delivered on 15/11/2019 in Misc. Civil Application No.64 of 2019, (3) Sandip Mrinmoy Chakraboarty vs. Reshita Sandip Chakrabarty and Anr., delivered on 6/9/2018 in Criminal Writ Petition No.4649 of 2015, (4) Mr. Abhishek N. Billawa and Ors. vs. Mrs. Tejashree Abhishek Billawa delivered on 14/12/2020 in Misc. Civil Application No.47 of 2020, (5) Dr. Santosh Kumar Shetty vs. Mrs. Smita Shetty and Anr., delivered on 20/11/2019 in Criminal Application No.273 of 2019.