SADHNA KOTHARI Vs. ABHAY KUMAR DALAL AND OTHERS

JUDGEMENT

(1.) This common order shall govern disposal of Criminal Revision No.707/2012 and M.Cr.C. No.2145/2007.

(2.) The common facts relevant for disposal of both the petitions are that the applicant in Cr.R. No.707/2012, Smt. Sadhna Kothari was married to Shri Abhay Kumar Dalal way back in the year 10.02.2000. At the time of marriage, some movable property like cash, color T.V., Godrej Almira, Dinner Set, Gold Jewellery, Garments and other household goods were given to the applicant Sadhna Kothari by her father. It was alleged that on her first night itself, the applicant refused to live with the respondent Abhay Dalal as his wife stating to him that she was already married to another person at Mahidpur, Ujjain and she would not allow him to have relationship with her. After two three days of her marriage, she left her matrimonial house and came back to her parental house.

(3.) Subsequently, divorce petition was filed, which was allowed by the Sessions Court at Ujjain and in First Appeal, the High Court confirmed the decree of divorce passed in favour of the respondent. After the divorce attained finality, the applicant Sadhna Kothari filed a criminal complaint against the respondent Abhay Kumar Dalal under section 406 of IPC claiming that her streedhan, which was given to her during marriage by her father, was misappropriated by the respondent. The respondent filed revision before the Court of Sessions at Ujjain. The revision was made over to learned Additional Sessions Judge, who used to hold Camp Court at Mahidpur. Learned Additional Sessions Judge while deciding the revision observed that, the jurisdiction to decide the matter was with the Court at Khachrod where, the respondent/husband Abhay Kumar Dalal was living and where, the property was said to have been misappropriated and accordingly, he directed the learned CJM at Ujjain to transfer the criminal complaint from the Court of JMFC at Mahidpur to the Court of JMFC at Khachrod.