1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1741 / 2010 (Nitin Murlidharji Bhaiyya vs. Sau. Monali w/o Nitin Bhaiyya ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P.BHANGALE, J. DATED : 23rd February, 2011. Heard Mr.N G Jetha, learned counsel for the applicant and Mr S.B.Bangde, learned counsel for respondent. By this application, the applicant prays for transfer of Criminal Complaint No.212/2010 filed by Sou. Monali Bhiayya against the applicant and two others in the Court of Judicial Magistrate Fist Class (Court No. 4) Wardha with a prayer to transfer the same to any Court of JMFC at Nagpur, in the interest of justice. It is submitted on behalf of the applicant that the respondent Sau, Monali is the wife of the applicant since 6.6.2003. The marriage was solemnized at Nagpur. They had happily resided at Nagpur till 9.4.2009, however, Monali voluntarily left the matrimonial home and resided at Nagpur with her brother along with her son. Son of the applicant is studying in Bhavan's Banwarilal Purohit 2 High School at Nagpur. It is also contended the the matrimonial discord between the applicant and respondent is pending in the Family Court at Nagpur arising from Petition No. A-194/ 2010. The respondent also preferred an application under section 24 of the Hindu Marriage Act with prayer for maintenance pendente lite in the Family Court at Nagpur. Further, according to the applicant, although respondent- Monali resided with her brother and son at Nagpur and was served with copy of this petition at Nagpur; she had with a motive to harass the present applicant and his parents, instituted a false complaint under section 12 of the Protection of Women from Domestic Violence Act and filed in the Court of JMFC at Wardha showing her residence with her parents at Deoli, which is about a distance of 100 kms. away from Nagpur. Even distance of Wardha is 85 kms. from Nagpur. Thus, the respondent wants the applicant and his parents to travel to Wardha on each date for attending the criminal proceedings before the MFC Wardha and to incur travelling expenses, conveyance expenses and other expenses required for food etc, on each date of attending the trial. It is thus submitted that since the brother of the respondent is admittedly residing at nagpur, her son Parth admittedly studying in Bhavan's School at Nagpur and furthermore she was also served with copy of this petition at Nagpur and furthermore proceedings for maintenance as well as matrimonial petition for divorce pending at Family 3 Court at Nagpur, it is necessary in the interest of justice to transfer Criminal Case No.212/2010 pending the Court of JMFC Wardha to Nagpur for mutual convenience of the parties and in the interest of justice. My attention is invited to copy of the petition No. A-194 /2010 instituted under section 13 (1) of the Hindu Marriage Act which is pending before the Family Court at Nagpur as also copy of the maintenance application preferred under section 24 of the Hindu Marriage Act which is also pending along with the main petition No A 194/ 2010 between the parties at Nagpur. Thus, the applicant prayed for allowing the application. Learned Advocate for the respondent opposed the application on the ground that the respondent has taken the temporary accommodation at the house of her brother at Nagpur so as to impart good education to her son under her guidance. The respondent do not dispute the pendency of matrimonial petition and application for maintenance before the Family Court at Nagpur and denied any intention to harass the petitioner and his parents by filing proceedings at Wardha in the Court of JMFC. It is also contended that the petitioner and his parents do possess means of conveyance so as to travel to and fro Wardha and, therefore, the complaint filed by her, needs to be tried at Wardha on the ground that she resides or preferred to seek redressal at Wardha. 4 The learned Advocate for the respondent made a reference to the unreported order dated 31st October 2008 in Misc. Civil Application No.12/2007 in Rashmi M Mankar vs. Mohan B Mankar in which this Court had considered convenience of the applicant therein to allow the transfer application from Family Court Nagpur to Family Court, Bandra. It appears that this Court did consider the fact that child of the applicant Rashmi therein was studying at Pune while she was working in JJ Hospital, Mumbai. Under those circumstances to avoid expenses and to make out convenience for applicant -Rashmi, her application was allowed. The said order referred to is of no help to the respondent herein as the facts and circumstances of the present are strikingly distinct, more so when the respondent is residing and is able to reside with her brother at Nagpur with her son and more so when she is already facing proceedings in Family Court at Nagpur. It think it would be convenient for the parties if the proceedings from Wardha is also transferred to Nagpur as prayed for. On the other hand, if the application is not allowed, the applicant will suffer unnecessary hardship and inconvenience by requiring to attend frequently at Wardha in criminal proceedings filed by respondent at Wardha. That being so, in the interest of justice and in the facts and circumstances of the case, it would be just and proper and time and money saving when parties are same they are made to face the proceedings at one place, particularly when they are 5 required to face multiple legal proceedings. For all these reasons, the application is allowed as prayed in terms of prayer clause “A”. No order as to costs. JUDGE sahare