ROHIT MOHAN PUGALIA Vs. PURVI ROHIT PUGALIA

JUDGEMENT

(1.) By this Application, the Applicant seeks transfer of DV case No.62/DV/2024 from Metropolitan Magistrate 71st Court at Bandra, to the Family Court at Bandra, to be heard and decided along with Divorce Petition No.A-1250 of 2024 and Restitution Petition No.A-1815 of 2024.

(2.) Mr. Shah, learned counsel for the Applicant submits that, the Respondent has instituted a Divorce Petition No.A-1250 of 2024 before the Family Court at Bandra. In contrast, the Applicant has filed a Petition bearing No.A-1815 of 2024 before the Family Court at Mumbai seeking restitution of conjugal rights, custody of minor daughter Rhyah, and other consequential reliefs.

(3.) The Respondent has also filed a case No.62/DV/2024 before the Metropolitan Magistrate 71st Court, Bandra, under the provisions of Protection of Women from Domestic Violence Act, 2005 (DV Act) against the Applicant. Learned counsel submits that the reliefs sought in the DV proceedings substantially overlap with those claimed in the divorce proceedings. A comparative chart is set out for ready reference: