MINOTI SUBHASH ANAND Vs. SUBHASH MANOHARLAL ANAND

JUDGEMENT

(1.) By this application, the applicant wife has invoked section 24 of the Code of Civil Procedure, 1908 and has also invoked the general and inherent jurisdiction and also jurisdiction of this court under Article 227 of the Constitution of India and seeks transfer of Case No.155/SS/2009 from the learned Magistrate Court 40th Court, Girgaon to Family Court Bandra and that the same be tried with Petition No.A-1215 of 2011 and Petition No.B-31 of 2011 pending before the Family Court, Bandra.

(2.) At the threshold the learned counsel appearing for the respondent raises preliminary objection about maintainability of this petition on the civil side of this court on the ground that section 24 of the Code of Civil Procedure, 1908 cannot be attracted to the facts of this case in view of the fact that the learned Metropolitan Magistrate, 40th Court before whom the applicant has filed proceedings under the provisions of 'Protection of Women from Domestic Violence Act, 2005' (hereinafter referred to as the Domestic Violence Act) is not subordinate to the High Court.

(3.) Some of the relevant facts for the purpose of deciding this petition are as under :-