1 appln1523­10 jpc/­ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1523 OF 2010 Mr. Dattatray Narayan Gosavi .. Applicant Versus Ms. Heerkani Bapu Dorkappa and others .. Respondents Mr. Rajesh Behare a/w Ms. Shubhaangi Deshmukh for the Applicant Mr. D.R. More, APP for the State CORAM : N. D. DESHPANDE, J. DATE : 31 st March, 2011 P. C. 1. Heard both the sides. 2. The present application purported to be filed under Section 482 of the Criminal Procedure Code, 1973, invoking inherent powers of this Court for certain reliefs, precisely stated in prayer clause (c), which reads thus: “(c) This Hon’ble Court be pleased to transfer the papers and proceedings of M.A.No.1007/2006 from Learned J.M.F.C. Kolohapur to Ld. J.M.F.C. Pune. The applicant has also sought stay to the proceedings of M.A. 2 appln1523­10 No. 1007 of 2006 pending before the Ld. J.M.F.C. Kolhapur, in terms of clause (d) vide order dated 12th April, 2010 passed by this Court. The interim stay was operating till the notice was served to the respondents. 3. It is stated that the respondent is served but now absent. The prayer is only limited to the transfer of M.A. No. 1007/06 which is the proceedings for maintenance under Section 125 of the Criminal Procedure Code, 1973. By the said provision, a wife who, for sufficient reason, is residing separately from the husband would be entitled for maintenance. The said proceeding is pending since 2006 before the JMFC Kolhapur and the present applicant has filed his written statement in the said matter denying maintenance to her mainly on the ground that she is not his legally wedded wife and he has also sought declaratory decree of the Civil Court that he is a bachelor and continue to be bachelor in a proceedings under section 34 of the Specific Reliefs Act. The said Civil Suit is numbered as Spl. Civil Suit No. 1549 of 2006, pending before the Court of Civil Judge, Senior Division, Pune. According to the present applicant the said suit is of prior to the application for maintenance. 4. This application for transfer of maintenance case to the Court of J.M.F.C. Pune is mostly on the ground of convenience of 3 appln1523­10 the applicant who is a senior citizen and aged about 65 years and he was government retied officer and now a pensioner. It is also pointed out that both the matters can be decided at one and the same place. 5. I heard submissions of the learned counsel for the applicant and perused the relevant record. The maintenance proceedings filed by the respondent wife is pending since last more than four years therefore cannot be considered for transfer. The application also suffers for delay and latches for which there is no explanation given to this Court. Even on merit of the case for transfer, in fact, convenience of wife is normally taken into consideration and admittedly since filing of the maintenance proceedings, she continue to reside at Kolhapur, where the proceedings have been instituted. No case for transfer is made out. The maintenance application will be decided on its own merits and both the parties shall be at liberty to raise their contentions for their claims. As such the present application for transfer is misconceived and therefore dismissed summarily at the stage of admission. ( N. D. DESHPANDE, J. )