VIJAY SUDHAKAR PATIL Vs. ASHA VIJAY PATIL

JUDGEMENT

(1.) Heard. Admit. Heard finally with consent of both the sides.

(2.) The present petitioner has filed these proceedings under Section 407 and 482 of the Criminal Procedure Code requesting for transfer of Misc. Criminal Case No. 158 of 2013 pending before the Judicial Magistrate, First Class (Court No. 3) Khamgaon, Dist. Buldhana to Jamner, District Jalgaon.

(3.) The petitioner claims that the respondent is wife of the petitioner. Both are residents of Neri Digar, Taluka Jamner District Jalgaon and had resided there as a couple. There has been matrimonial discord and parties are now living separate. The respondent prosecuted the petitioner for offence punishable under section 498-A of the Indian Penal Code on the basis of FIR registered at Jamner. The petitioner filed a petition under section 9 and 13(B) (4) of the Hindu Marriage Act for dissolution of Marriage and the same is pending before the learned Civil Judge, Senior Division, Jalgaon. According to the petitioner, the respondent, with a view to harass the petitioner and his old age parents, has filed Misc. Criminal Case No. 158 of 2013 at Khamgaon under the Protection of Women from Domestic Violence Act, 2005. The said petition has been filed at Khamgaon with an intention to harass and humiliate the petitioner and his parents although no cause of action has arisen at Khamgaon or within the jurisdiction of Court at Khamgaon. The respondent is resident of Neri Digar, Taluka Jamner District Jalgaon. After marriage, the parties resided at Neri Digar, marriage had also taken place at Neri Digar and whatever discord took place was also at Neri Digar Taluka Jamner. The distance between Jamner and Khamgaon is more than 200 kms. It is argued that earlier section 125 Cr.P.C. proceeding filed by the respondent at Khamgaon, the petitioner was unable to defend and was decided in his absence. Thus, the petitioner claims transfer of the criminal case to Jamner.