The Applicant-Husband seeks to transfer the D.V. (Domestic Violence) proceedings initiated by the Respondent-Wife from the Metropolitan Magistrate's 15th Court at Sewree, Mumbai, to the IVth Family Court at Bandra. This request is made under Section 24 of the Code of Civil Procedure, 1908, aiming to consolidate the D.V. proceedings with Divorce Petition No. 727 of 2022, which the Applicant has filed in the Family Court at Bandra.

1. Background of the Case

• Marriage and Disputes: The Applicant and Respondent were married on 7th April 2001 and have a daughter born on 29th June 2013. Due to matrimonial disputes, the Applicant filed for divorce and other reliefs in the Family Court at Bandra.
• D.V. Proceedings: The Respondent filed D.V. proceedings on 14th March 2023, seeking maintenance and residence orders for herself and their daughter.

2. Current Status of Proceedings

• Family Court: The proceedings are at a preliminary stage with the report of the Marriage Counselor awaited.
• Metropolitan Magistrate: The D.V. proceedings have seen over 40 dates without interim orders for maintenance or residence being passed.

3. Applicant's Submissions

• Transfer Request: The Applicant argues for the transfer of D.V. proceedings to avoid conflicting judgments and to ensure that all matters involving common evidence are heard together.
• Judicial Precedents: Several judgments from the Bombay High Court support the transfer of D.V. proceedings to Family Courts for consolidated hearings.

4. Respondent's Submissions

• Opposition to Transfer: The Respondent argues that D.V. proceedings under Section 12 are summary in nature and intended for urgent relief. Transferring them would delay these proceedings and deprive the Respondent and her daughter of necessary support.
• Nature of Proceedings: The Respondent points out that transferring the proceedings changes their nature from criminal to civil, which other High Courts have opposed.

5. Consideration by the Court

• Jurisdiction: The Court acknowledges it has the jurisdiction to transfer D.V. proceedings but emphasizes the need to be judicious and cautious.
• Summary Nature of D.V. Proceedings: The Court highlights the importance of the summary nature of D.V. proceedings and the legislative intent for speedy disposal.
• Supreme Court Guidelines: References to Supreme Court judgments emphasize managing conflicts judicially and ensuring no prejudice against the wife and child in terms of immediate relief.

6. Conclusion

• Judgment: The Court directs the Metropolitan Magistrate to decide on the D.V. application within 60 days to expedite urgent relief.
• Cost: The Applicant is ordered to pay costs of Rs. 10,000 to the Respondent within two weeks.

7. Legal References

• Notable Judgments Cited:
  • Sandip Mrinmoy Chakrabarty v. Reshita Sandip Chakrabarty, 2018 SCC OnLine Bom 2709
  • Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414
  • Ramesh v. Neha, (2021) 2 SCC 324
  • Mohammed Danish Abdul Wahab & Ors. v. Farjana Mohammed Danish & Ors., 2024 SCC Online SC 1435

The Court ultimately rejects the transfer application, prioritizing the expedited resolution of the D.V. proceedings to ensure immediate relief for the Respondent and her daughter.