NITIN MURLIDHARJI BHAIYYA Vs. SAU MONALI

JUDGEMENT

(1.) Heard Mr. N.G Jetha, learned counsel for the applicant and Mr. S.B. Bangde, learned counsel for respondent.

(2.) By this application, the applicant prays for transfer of Criminal Complaint No.212/2010 filed by Sou. Monali Bhiayya against the applicant and two others in the Court of Judicial Magistrate Fist Class (Court No. 4) Wardha with a prayer to transfer the same to any Court of JMFC at Nagpur, in the interest of justice. It is submitted on behalf of the applicant that the respondent Sau, Monali is the wife of the applicant since 6.6.2003. The marriage was solemnized at Nagpur. They had happily resided at Nagpur till 9.4.2009, however, Monali voluntarily left the matrimonial home and resided at Nagpur with her brother along with her son. Son of the applicant is studying in Bhavan's Banwarilal Purohit High School at Nagpur. It is also contended the the matrimonial discord between the applicant and respondent is pending in the Family Court at Nagpur arising from Petition No. A194/ 2010. The respondent also preferred an application under section 24 of the Hindu Marriage Act with prayer for maintenance pendente lite in the Family Court at Nagpur. Further, according to the applicant, although respondent Monali resided with her brother and son at Nagpur and was served with copy of this petition at Nagpur; she had with a motive to harass the present applicant and his parents, instituted a false complaint under section 12 of the Protection of Women from Domestic Violence Act and filed in the Court of JMFC at Wardha showing her residence with her parents at Deoli, which is about a distance of 100 kms. away from Nagpur. Even distance of Wardha is 85 kms. from Nagpur. Thus, the respondent wants the applicant and his parents to travel to Wardha on each date for attending the criminal proceedings before the JMFC Wardha and to incur travelling expenses, conveyance expenses and other expenses required for food etc, on each date of attending the trial. It is thus submitted that since the brother of the respondent is admittedly residing at Nagpur, her son Parth admittedly studying in Bhavan's School at Nagpur and furthermore she was also served with copy of this petition at Nagpur and more so when proceedings for maintenance as well as matrimonial petition for divorce pending at Family Court at Nagpur, it is necessary in the interest of justice to transfer Criminal Case No.212/2010 pending the Court of JMFC Wardha to Nagpur for mutual convenience of the parties and in the interest of justice. My attention is invited to copy of the petition No. A194 /2010 instituted under section 13 (1) of the Hindu Marriage Act which is pending before the Family Court at Nagpur as also copy of the maintenance application preferred under section 24 of the Hindu Marriage Act which is also pending along with the main petition No A 194/ 2010 between the parties at Nagpur. Thus, the applicant prayed for allowing the application.