Prakash Bhatia vs The State Of Maharashtra And Anr
2023 Latest Caselaw 8032 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPLICATION NO.143 OF 2023

 Siddharth Ghumre                                  .....Applicant
            Versus
 Nivedita Ghumre alias
 Nivedita Londhe and another                       .... Respondents
                                  ....
                                 WITH
                  CRIMINAL APPLICATION NO.257 OF 2021
                                 WITH
                  INTERIM APPLICATION NO.611 OF 2022
                                  IN
                  CRIMINAL APPLICATION NO.257 OF 2021

                                  ....
                                 WITH
                  CRIMINAL APPLICATION NO.255 OF 2022
                                  .....
                                 WITH
                  CRIMINAL APPLICATION NO.95 OF 2023

                                  .....
                                 WITH
                  CRIMINAL APPLICATION NO.147 OF 2021


                           -----
 Ms. Stuti Oswal, Advocate i/b. Shirin Merchant for the
 Applicant in APPLN/143/2023.

 Mr. Vaibhav Patankar, Advocate i/b. Patankar and Associates
 for the Applicant in APPLN/257/2021.

 Mr. Sagar Ambedkar, Advocate for the Applicant in
 APPLN/255/2022.
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  Deshmane(PS)




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 Mr. S.R. Moray, Advocate i/b.                   Shivani S. Shinde, for the
 Applicant in APPLN/95/2023.

 Ms.Swapna P. Kode,                   Advocate         for     the     Applicant          in
 APPLN/147/2021.

 Mr. Rohit D. Gorade, Advocate i/b. R.N. Gite, for the
 Respondent No.1 in APPLN/143/2023.

 Mr. Bimal Bhabhda, Advocate for the Respondent No.1 in
 APPLN/95/2023.

 Ms. Urmila Bhatia, the Respondent No.2 in person present in
 Court in APPLN/147/2021.

 Mr. A.R. Patil, APP for the Respondent-State                                             in
 APPLN/143/2023 and APPLN/257/2021.

 Ms. M.R. Tidke,                APP     for      the     Respondent-State                 in
 APPLN/255/2022.

 Mr. N.B. Patil,               APP,    for       the     Respondent-State                 in
 APPLN/95/2023.

 Mr. Arfan Sait,               APP      for      the     Respondent-State                in
 APPLN/147/2021.
                                         -----

                                       CORAM : SARANG V. KOTWAL, J.

DATE : 08th AUGUST, 2023 P.C. :

1. In all these matters, a common question involved

is whether the Family Court established under the Family 2 of 4

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Courts Act, 1984 is competent to conduct the proceedings

and give the relief under the Protection of Women from

Domestic Violence Act, 2005 and whether the proceedings

under the D.V. Act can be transferred to the Family Court.

2. I am informed that there are conflicting decisions

of different Single Judge Benches. Recently the same issue

was heard by a co-ordinate Bench in Misc. Civil Application

No.477/2022. The order dated 2.8.2023 passed in that

application records that the arguments were concluded and

the judgment/order was reserved.

3. To avoid a possibility of conflicting orders, it

would be appropriate if all these matters concerning the

common issue are decided by one Bench and, therefore, it is

necessary that an administrative order is passed so that all

these matters can be decided by one Bench.

4. Considering this, the Registry is directed to take

steps in that behalf so that all these matters are placed

before the same Bench and they can be decided together by

the same Bench. All these matters be tagged together for

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deciding this legal issue. In the matters where the ad-interim

relief is granted earlier, it shall continue for a period of four

weeks from today.

(SARANG V. KOTWAL, J.)

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