20-appln-269-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 269 OF 2026 Hemant Babanrao Thorve …Applicant V/s. Rahima Hemant Thorve ...Respondent Mr. Ishaan Oswal a/w Ms. Stuti Oswal i/b Shirin Merchant, Advocate for the Applicant. Mr. Shubhankar Kulkarni, Advocate for the Respondent. CORAM : N.R. BORKAR, J. DATE : 29.09.2026. P.C. : 1. This is an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. By this application, the applicant/husband has prayed that the proceedings filed by the respondent/wife under the provisions of the Protection of Women from Domestic Violence Act, 2005, bearing P.W.D.V.A. No. 446 of 2025, pending on the file of the Judicial Magistrate First Class, Pune, be transferred to the Family Court, Pune, where the petition filed by the applicant/husband for divorce, bearing P.A. No. 61 of 2026, is Pramod S.Lakare 1/3 20-appln-269-2026.doc pending. 3. I have heard the learned counsel for the applicant and the learned counsel for the respondent. 4. The learned counsel for the applicant submits that the applicant/husband has filed the petition for divorce on the ground of cruelty. It is submitted that the respondent/wife has also alleged domestic violence / cruelty in the proceedings filed by her. It is submitted that, to avoid conflicting findings or decisions, both the matters need to be decided by one and the same Court. 5. On the other hand, the learned counsel for the respondent/wife submits that the prayers in both the matters are different. It is submitted that the present application, therefore, may not be entertained. 6. Considering the facts and circumstances, the possibility of conflicting findings/decisions cannot be ruled out. I am therefore inclined to allow the present application. Thus, the following order is passed : Pramod S.Lakare 2/3 20-appln-269-2026.doc O R D E R i) The application is allowed. ii) The Judicial Magistrate First Class, Pune, shall transfer the proceedings filed by the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005, bearing P.W.D.V.A. No. 446 of 2025, to the Family Court, Pune, where the petition filed by the applicant/husband for divorce, bearing P.A. No. 61 of 2026, is pending. 7. The application is disposed of. [N.R.BORKAR, J.] Pramod S.Lakare 3/3