ROHAN SHAH Vs. NISHIGANDHA SHAH

JUDGEMENT

(1.) This Miscellaneous Civil Application is filed by the Applicant-husband under Sec. ("u/s") 24 of the Civil Procedure Code, 1908 ("CPC") to transfer the Application filed by the Respondent-wife u/s 12 of the Protection of Women from Domestic Violence Act, 2005 ("PWDV Act") of from Metropolitan Magistrate's 62nd Court, Bhoiwada, Mumbai to Family Court, Bandra, Mumbai.

(2.) The Applicant-husband and Respondent-wife got married on 23/12/2001 at Mumbai. Out of wedlock there are two daughters born; one on 26/10/2002 and another 19/9/2005. Both are major now. Though the couple resided in USA initially, they returned to India in 2008. Eighteen years into their marriage, in or around 2019, the couple decided to separate on account of marital discord. The respondent-wife left for USA on 25/10/2021 with the intention to seek divorce and maintenance before the Supreme Court of New Jersey. The respondent-wife's application before the US Court was dismissed on the preliminary ground of jurisdiction.

(3.) On the other hand, Applicant-husband filed for divorce u/s 13(1) (ia) of Hindu Marriage Act, 1955 by filing Marriage Petition bearing No. A-347 of 2021 before the Family Court, Mumbai.