VIBHUTI YOGINBHAI SINGANPORIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicants have prayed for the following reliefs:-

(2.) Mr. Pushpadatta Vyas, learned counsel for the applicants has submitted that though served, none appears for the private respondents.

(3.) Mr. Vyas submitted that in view of the judgment delivered by the Division Bench of this Court reported in 2016 (2) GCD 942, this Court can exercise power under Sec. 407 of the Code of Criminal Procedure as he is seeking transfer of the proceedings filed under the provisions of the Protection of Women from Domestic Violence Act , 2005, which is pending before the Court of learned 9th Additional Civil Judge and JMFC, Surat. He has further submitted that applicant No.1 wife is now transferred to Ankleshwar and staying at Ankleshwar with her minor children and therefore, she is praying for transfer of such proceedings from JMFC Court, Surat to JMFC Court at Ankleshwar, Dist. Bharuch. He has further submitted that the conduct of the private respondents is self-explanatory and even the amount of maintenance to the minor applicants is not paid. He further submitted that the proceedings bearing Criminal Misc. Application No. 328/2017 filed under Sec. 125(3) of Cr.P.C for recovery of amount of maintenance is also pending before the Court of JMFC at Ankleshwar. He further submitted that considering the hardship of the applicant No.1 mother and her two minor children and the the distance between Surat and Ankleshwar as well as non-cooperative approach of the private respondents, the proceedings in question are required to be transferred to the Court of JMFC at Ankleshwar.