22-appln-292-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 292 OF 2026 Riyaz Ganji …Applicant V/s. The State of Maharashtra & Anr. ...Respondents Ms. Swapna Kode, Advocate for the Applicant. Mr. V. N. Sagare, APP for the Respondent/State. Adv. Manen Sanghai a/w Adv. P. Singh, Advocate for the Respondent No.2. CORAM : N.R. BORKAR, J. DATE : 02.09.2026. P.C. : 1. This is an Application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. By this application, the applicant/husband is seeking transfer of D.V. Application No. 17 of 2023, filed by the respondent No. 2/wife under the provisions of the Protection of Women from Domestic Violence Act, 2005, from the file of the learned Metropolitan Magistrate, Railway Court at Andheri, Mumbai, to the Family Court, Bandra, Mumbai. Pramod S.Lakare 1/4 22-appln-292-2026.doc 3. I have heard the learned counsel for the applicant and the learned counsel for the respondent No.2 4. The learned counsel for the applicant submits that respondent No.2/wife has filed the petition for divorce and the same pending before the Family Court, Bandra, Mumbai. It is submitted that the allegations in the divorce petition which is filed inter-alia on the ground of cruelty and the proceedings filed under the provisions of the DV Act are some what identical. It is submitted that to avoid conflicting decisions, the proceedings filed under the DV Act be transferred to the Family Court, Bandra, Mumbai. 5. On the other hand, the learned counsel for the respondent No. 2 submits that the present application is filed after three years of the filing of the proceedings under the DV Act and when the concerned Court is about to hear the application for interim maintenance. It is submitted that the application, therefore, be rejected. 6. The learned counsel for the respondent No.2 has not Pramod S.Lakare 2/4 22-appln-292-2026.doc disputed that some of the allegations in the proceedings under the DV Act and in the petition filed for divorce are identical. Thus to avoid any conflicting findings/decisions, the proceedings under the DV Act will have to be transferred to the Family Court, Bandra, Mumbai. However, considering the fact and circumstances, it would be appropriate to transfer the said matter after the concerned Court decides the application for interim maintenance. In the result, the following order is passed : O R D E R i) The application is allowed. ` ii) The concerned Court where D.V Application No. 17 of 2023 is pending shall transfer the said matter to the Family Court, Bandra, Mumbai, where Marriage Petition No. A 178 of 2023 is pending, after the decision on the application for interim maintenance. iii) Considering the facts and circumstances, the learned Magistrate shall endeavour to Pramod S.Lakare 3/4 22-appln-292-2026.doc decide the application for interim maintenance within a period of two months from the date of receipt of a copy of this order. 7. The application is disposed of in the aforesaid terms. [N.R.BORKAR, J.] Pramod S.Lakare 4/4