Case Note & Summary
The applicant, Sonika Vishnudas Kadam, filed a Criminal Application under Section 407(1)(c) of the Code of Criminal Procedure, 1973, seeking transfer of Criminal M.A. No. 17 of 2017 pending before the Joint Civil Judge Junior Division and Judicial Magistrate First Class, Junnar, to the Judicial Magistrate First Class, Thane. The applicant married respondent No.1 on 26th April 2016 and resided at Ghatkopar, Mumbai. She was allegedly ousted from her matrimonial home on 18th September 2016 and subsequently filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (DV Act) at Junnar, where she was residing with her uncle. The respondent No.1 filed a marriage petition for judicial separation in the Family Court at Bandra, which was later withdrawn. The applicant contended that she faced threats from the respondents and that it was inconvenient and unsafe for her to travel to Junnar for court proceedings, as she was residing in Thane. The respondents opposed the transfer, arguing that the applicant had chosen Junnar as the venue and that the court had jurisdiction. The court considered the rival submissions and held that the convenience and safety of the applicant-wife are paramount. The court noted that the applicant had moved to Thane after the alleged ouster and that the respondents had threatened her. The court allowed the application and transferred the DV Act proceedings from Junnar to Thane, directing the JMFC, Thane to dispose of the matter expeditiously.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 407(1)(c) CrPC - Convenience and Safety - Applicant-wife sought transfer of DV Act proceedings from Junnar to Thane due to threats and inconvenience - Court allowed transfer holding that the wife's safety and convenience outweigh the husband's objections - Held that transfer is necessary to ensure fair trial and protect the applicant from harassment (Paras 1-15).
Issue of Consideration
Whether the Criminal M.A. No. 17 of 2017 pending before the JMFC, Junnar should be transferred to Thane for the convenience and safety of the applicant-wife.
Final Decision
The court allowed the application and transferred Criminal M.A. No. 17 of 2017 from the Court of Judicial Magistrate First Class, Junnar to the Court of Judicial Magistrate First Class, Thane. The JMFC, Thane was directed to dispose of the matter expeditiously.
Law Points
- Transfer of proceedings under Section 407 CrPC
- convenience of parties
- safety of applicant
- Protection of Women from Domestic Violence Act
- 2005
