VIJAY SURYAKANT KAKADE Vs. ANUSHKA VIJAY KAKADE

JUDGEMENT

(1.) Both these miscellaneous civil applications involve common questions of law and facts and, therefore, are decided by this common judgment.

(2.) For convenience, facts in Miscellaneous Civil Application No.498 of 2022 are preferred. The applicant-husband seeks transfer of proceedings filed by the wife under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereafter "DV Act", for short) before the Judicial Magistrate First Class, Cantonment Court, Pune to the Family Court, Pune where the applicant has filed a petition for divorce.

(3.) The husband has, therefore, filed present application to transfer proceedings under the DV Act to the Family Court, Pune, on the ground that there is the possibility of conflicting verdicts by two different Judges; primary evidence in both cases would be same; if both the proceedings are conducted separately, the efficacy of cross-examination would be undermined; transfer will reduce the burden of two different Courts resulting in saving of judicial time.