Case Note & Summary
The petitioner, Vijay Sudhakar Patil, filed an application under Sections 407 and 482 of the Criminal Procedure Code seeking transfer of Misc. Criminal Case No. 158 of 2013, pending before the Judicial Magistrate First Class (Court No. 3) at Khamgaon, District Buldhana, to Jamner, District Jalgaon. The petitioner and the respondent, Asha Vijay Patil, are husband and wife, both residents of Neri Digar, Taluka Jamner, District Jalgaon. They had marital discord and were living separately. The respondent had filed a complaint under Section 498-A of the Indian Penal Code based on an FIR registered at Jamner. The petitioner had also filed a petition under Sections 9 and 13(B)(4) of the Hindu Marriage Act for dissolution of marriage, pending before the Civil Judge Senior Division at Jalgaon. The respondent then filed Misc. Criminal Case No. 158 of 2013 under the Protection of Women from Domestic Violence Act, 2005 at Khamgaon. The petitioner contended that no cause of action arose at Khamgaon, as the parties resided at Neri Digar, marriage took place there, and all incidents occurred there. The distance between Jamner and Khamgaon was over 200 kms. The petitioner argued that the respondent filed the case at Khamgaon to harass him and his aged parents, and that earlier a proceeding under Section 125 CrPC filed by the respondent at Khamgaon was decided in his absence. The respondent's counsel opposed the transfer, arguing that the court at Khamgaon had jurisdiction as the respondent was residing there with her maternal uncle. The court, after hearing both sides, found that the respondent's address in the complaint was shown as 'C/o Prabhakar Devrao Patil', her maternal uncle, but her permanent residence was at Neri Digar. The court held that the convenience of the parties and the ends of justice required transfer of the case to Jamner, as the petitioner and his parents would face hardship in traveling to Khamgaon. The court allowed the application and directed the transfer of Misc. Criminal Case No. 158 of 2013 from Khamgaon to the court of competent jurisdiction at Jamner.
Headnote
A) Criminal Procedure Code - Transfer of Cases - Section 407 - Convenience of Parties - The court considered transfer of a domestic violence case from Khamgaon to Jamner where both parties resided and cause of action arose - Held that transfer is warranted to avoid hardship to the petitioner and his aged parents, as the respondent's residence and cause of action were at Jamner, and the distance between the two places was over 200 kms (Paras 1-6).
Issue of Consideration
Whether the Misc. Criminal Case No. 158 of 2013 under the Protection of Women from Domestic Violence Act, 2005 pending at Khamgaon should be transferred to Jamner on the ground that no cause of action arose at Khamgaon and for the convenience of the parties.
Final Decision
The court allowed the application and directed the transfer of Misc. Criminal Case No. 158 of 2013 from the Judicial Magistrate First Class (Court No. 3) Khamgaon, District Buldhana to the court of competent jurisdiction at Jamner, District Jalgaon.
Law Points
- Transfer of criminal case under Section 407 CrPC
- convenience of parties
- cause of action
- jurisdiction under Protection of Women from Domestic Violence Act
- 2005
