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Judgments of Supreme Court of India and High Courts

Anand S/O. Dhondiram Rathod And … vs Savita W/O. Anand Rathod on 5 September, 2019

901.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

901 CRIMINAL WRIT PETITION NO.945 OF 2017
WITH WP/946/2017

ANAND S/O. DHONDIRAM RATHOD
VERSUS
SAVITA W/O. ANAND RATHOD

Advocate for Petitioners : Mr. Ambetkar Arvind G.
Advocate for Respondent : Mr. D.R. Jaybhar.

CORAM : MANGESH S. PATIL, J.
DATE : 05/09/2019

PER COURT :

Heard both the sides.

2. After hearing the arguments, when it was expressed as to how

the question of jurisdiction decided by the Magistrate, in respect of a

proceeding initiated by the respondent-wife, can be gone into bereft of

the evidence which is yet to be led in both the proceedings and the

question of jurisdiction cannot be finally decided at this juncture in

absence of any evidence since it involves not a pure question of

jurisdiction but a mixed one, the learned advocate for the petitioner on

instructions seeks leave to withdraw prayer clause (A) in Criminal Writ

Petition No. 945/2017 and prayer clause (C) in Criminal Writ Petition

No. 946/2017.

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901.odt

3. As far as the remaining prayer clause regarding transfer of the

proceedings to the Court of Judicial Magistrate First Class at

Ulhasnagar, District Thane, the learned advocate for the petitioner

submits that by the order of this Court, already a proceeding initiated

by the respondent-wife for the offence punishable under Sectionsection 498A

of the Indian Penal Code has been transferred to the Sessions Court in

Thane. The petitioner is in a full time employment in Navi Mumbai

and therefore it becomes difficult for him to commute between the

place of his work and the Court in Ahmednagar district where the

present proceedings are going on. Since already one matter has been

transferred to the Court in Thane, it would be convenient, just and

proper for both the sides if even these matters are transferred to the

Court at Ulhasnagar.

4. The learned advocate for the respondent vehemently opposes

the request. He submits that the respondent is resident of Ahmednagar

district. She being a deserted woman facing vagrancy, it would result

in putting her to greater hardship if she is made to attend these many

proceedings in Thane district by commuting between her place of

residence in Ahmednagar and the Court in Thane district.

5. I have carefully gone through the papers. Obviously now the

question of jurisdiction of the Magistrate to try and decide the
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901.odt
proceedings need not be gone into in view of dropping of the prayer

clauses (A) (C) as mentioned above. It is only a pure question of

convenience of the parties which needs to be taken into consideration

now so far as prayers for transfer of the proceedings.

6. Being a woman, the respondent has been claiming

maintenance from petitioner-husband. She says that she is resident of

Ahmednagar district. One need not delve much about the hardship

likely to be faced by her if she is made to commute between

Ahmednagar and Thane for prosecuting the present proceedings. The

petitioner-husband is already in the employment and must be earning.

That is not the fact with the respondent who is asking for the

maintenance from him. In the absence of any other circumstance

which can be resorted to for transferring the matters to Thane district,

in my considered view there is no sufficient and cogent reason for

directing the matters to be transferred to the Court of the Magistrate at

Ulhasnagar, District Thane.

7. Both the writ petitions are, therefore, dismissed.

( MANGESH S. PATIL, J. )
mkd
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