Case Note & Summary
The applicant-husband, Shrikrushna Shingne, and his family members filed two applications under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973, seeking transfer of proceedings initiated by the respondent-wife, Sangita Shingne, from the Judicial Magistrate, First Class, Hingoli to a competent court at Lonar or Sindhkhed-Raja in Buldhana district. The proceedings included a maintenance application under Section 125 CrPC (Cr.M.A.No. 101 of 2018) and a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (P.W.D.V. No. 15 of 2018). The husband contended that the wife was residing at Lonar with her father, and the husband resided at Sindhkhed-Raja, both in Buldhana district, and that the wife had no residence at Hingoli. Therefore, the Hingoli court lacked territorial jurisdiction. The wife argued that she was residing at Hingoli at the time of filing. The court examined the facts and found that the wife's address in the proceedings was at Lonar, and she was residing there. The court held that the jurisdiction for maintenance and DV Act proceedings is determined by the wife's residence. Since the wife resided at Lonar, the Hingoli court had no jurisdiction. The court allowed the applications and transferred both proceedings to the court of Judicial Magistrate, First Class, Lonar or Sindhkhed-Raja, or any other competent court in Buldhana district, as per convenience. The judgment was delivered by Justice K.K. Sonawane on 4th April 2019.
Headnote
A) Criminal Procedure Code - Transfer of Proceedings - Territorial Jurisdiction - Section 407 read with Section 482 CrPC - The applicant-husband sought transfer of maintenance and DV Act proceedings from Hingoli to a court in Buldhana district on the ground that the wife resided at Lonar and the husband at Sindhkhed-Raja, both in Buldhana district, and that the wife had no residence at Hingoli. The court held that the wife's residence for filing proceedings under Section 125 CrPC and the DV Act is where she ordinarily resides, and since she was residing at Lonar, the proceedings at Hingoli were not maintainable. The court allowed the transfer to a competent court at Lonar or Sindhkhed-Raja. (Paras 1-5) B) Protection of Women from Domestic Violence Act, 2005 - Territorial Jurisdiction - Section 12 - The wife filed a complaint under the DV Act at Hingoli, but she resided at Lonar. The court held that the jurisdiction lies where the wife resides or where the domestic violence occurred. Since the wife resided at Lonar, the proceedings at Hingoli were not proper. The court transferred the proceedings to a court at Lonar or Sindhkhed-Raja. (Paras 1-5) C) Criminal Procedure Code - Maintenance - Territorial Jurisdiction - Section 125 - The wife filed a maintenance application at Hingoli, but she resided at Lonar. The court held that the jurisdiction for maintenance proceedings is where the wife resides. The court transferred the proceedings to a court at Lonar or Sindhkhed-Raja. (Paras 1-5)
Issue of Consideration
Whether the proceedings under Section 125 CrPC and the Protection of Women from Domestic Violence Act, 2005, filed by the respondent-wife at Hingoli, should be transferred to a court at Lonar or Sindhkhed-Raja on the ground that the wife resides at Lonar and the husband resides at Sindhkhed-Raja, and whether the wife's residence for the purpose of jurisdiction is at Hingoli or Lonar.
Final Decision
The court allowed both applications and directed the transfer of Cr.M.A.No. 101 of 2018 (under Section 125 CrPC) and P.W.D.V. No. 15 of 2018 (under Section 12 of the DV Act) from the Judicial Magistrate, First Class, Hingoli to the court of Judicial Magistrate, First Class, Lonar or Sindhkhed-Raja, or any other competent court in Buldhana district, as per convenience.
Law Points
- Territorial jurisdiction
- residence of wife
- transfer of proceedings
- Section 125 CrPC
- Protection of Women from Domestic Violence Act
- 2005
