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Smt. Pallavi Pramod Deoghare vs Shri. Pramod Gajanan Deoghare on 4 June, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRI.APPLICATION (APPLN) NO. 30 OF 2017
Smt. Pallavi Pramod Deoghare
-Vs.-
Shri Pramod Gajanan Deoghare
———————————————————————————————————————–
Office notes, Office Memoranda of
Coram, appearances, Court’s orders Court’s or Judge’s Orders.
or directions and Registrar’s orders.
———————————————————————————————————————–
Mr.Avdesh Kesari, Advocate for the applicant.
Mr.M.L.Jaiswal, counsel for the non-applicant.

CORAM : MANISH PITALE, J.

DATE : 04.06.2019.

By this application, the applicant is seeking
transfer of criminal proceedings bearing Summary
Criminal Case No.2007 of 2016 pending before the
Court of Judicial Magistrate First Class, Court No.1,
Kolhapur to the Competent Court at Nagpur.

2. The applicant is the wife while the sole non-
applicant (respondent) is the husband. The
applicant filed a divorce petition in the year 2014
against the non-applicant, which is pending before
the Competent Court at Nagpur. It has come on
record that about two years thereafter, in the year
2016, the non-applicant has filed a criminal case for
defamation against the applicant and others. The
aforesaid complaint was filed by the non-applicant

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at Kolhapur, wherein the Court issued summons
only against the applicant herein. It is the case of
the applicant that after matrimonial disputes arose
between the parties and divorce petition was filed
by her, she has been living with her parents. She is
unemployed and a daughter out of the wedlock,
who is about 5 years old, is also living with the
applicant at Nagpur. It is contended on behalf of
the applicant that it would be almost impossible for
the applicant to attend the criminal proceedings at
Kolhapur, considering the fact that the distance
between Nagpur and Kolhapur is about 900
kilometers, particularly in the backdrop of the fact
that the girl child of about 5 years is also residing
with the applicant at Nagpur.

3. After the present application was filed,
wherein this Court issued notice and granted ad
interim stay of the proceedings before the Court at
Kolhapur, by order dated 10/07/2017, an affidavit
has been filed by the applicant dated 10/04/2019
specifically stating that now the non-applicant-
husband is serving in the Fisheries Department of
the Government of Maharashtra, currently posted at
Nagpur. This fact brought on record by the
aforesaid affidavit is not disputed by the non-
applicant. Therefore, it is clear that both the parties
are now residing at Nagpur.

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4. The learned counsel appearing for the non-
applicant, although has not disputed the fact that
now the non-applicant is residing at Nagpur, he has
vehemently submitted that transfer of the
proceedings from the Court at Kolhapur to the Court
at Nagpur would be prejudicial to the proceedings
initiated by him at Kolhapur, since all the witnesses
reside at Kolhapur and it would be difficult for the
non-applicant to prosecute his complaint if the same
is transferred to Nagpur.

5. In cases like the present one, convenience of
parties is one of the relevant considerations. In the
present case, as noted above, after disputes arose
between the parties and the divorce petition was
filed by the applicant, she has been living with her
parents with no independent source of income and
she is also required to look after the daughter, who
is about 5 years old. It is clear that if the
proceedings initiated at Kolhapur by the non-
applicant is not transferred to Nagpur, the applicant
would find it extremely inconvenient to attend the
proceedings at Kolhapur. Apart from this, it is an
admitted position that while the divorce petition
was filed by the applicant before the Competent
Court at Nagpur in the year 2014, which the non-
applicant has been attending, the criminal
complaint for defamation was filed at Kolhapur by
the non-applicant two years thereafter in the year

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2016. It is pointed out by the learned counsel for
the non-applicant that the said complaint was filed
at Kolhapur in October, 2015, but the same stood
registered in the year 2016. In any case, it is evident
that the non-applicant initiated the proceedings
before the Court at Kolhapur much after the divorce
petition was filed by the applicant before the
Competent Court at Nagpur. This is also a relevant
consideration while considering the application for
transfer filed by the applicant herein.

6. It has come on record and it is an undisputed
fact that the non-applicant is also now residing at
Nagpur. In these circumstances, only because the
witnesses upon whom the non-applicant would
intend to rely in respect of the proceedings initiated
by him against the applicant, reside at Kolhapur, the
above mentioned relevant considerations cannot be
ignored. Therefore, this Court finds that on balance,
it would be appropriate and in the interest of justice
that the present application is allowed.

7. Accordingly, the instant application is
allowed. The criminal proceedings initiated by the
non-applicant bearing Summary Criminal Case
No.2007 of 2016, pending before the Court of
Judicial Magistrate First Class, Court No.1, Kolhapur
are transferred to the Competent Court of Judicial
Magistrate First Class at Nagpur. The Court at

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Kolhapur shall transmit the record and proceedings
of the aforesaid pending case to the Competent
Court at Nagpur expeditiously. The application
stands disposed of accordingly.

JUDGE

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