Partly allowed

Prakash Anadrao Jadhav and Ors. v. the State of Maharashtra and Ors.

Bombay HC1 Aug 2013APPLN/93/2013

Case brief

AI extract

What is this about?

Single judge disposed of two cross applications for transfer of jurisdiction in domestic violence and dowry harassment cases. Court rejected husband's application but allowed wife's transfer request and exempted other accused from appearance.

What did the court decide?

Application to transfer DV case rejected; Section 498A case transferred to Waduj; other accused exempted from appearance.

Prakash Anadrao Jadhav and Ors. Vs the State of… — Service and Employment | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 93 OF 2013

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Mr.Prakash Anandrao Jadhav

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…Applicant

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versus

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The State of Maharashtra & Anr.

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...Respondents

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Mr.Saurabh Butala i/b. H.V.Bhadbhade for Applicant in Appln. No.93 of 2013.

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Mr.Girish R. Agarwal for the Applicant in Appln. No.122 of 2013.

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Mr.S.S.Pednekar, APP for State-Respondent no.1.

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CORAM : K.U.CHANDIWAL, J.

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DATED : 1^st August, 2013

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P.C. :

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Heard both the learned counsels. The wife has initiated

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proceeding before the learned JMFC at Waduj for infraction of provisions of Protection of Women from Domestic Violence Act. 2005.

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The husband-Prakash and his other relations have requested vide Application No.93 of 2013 for transferring the same to any of the court

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at Pune or at Satara.

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The wife Smt. Manisha has approached this court vide Application No.122 of 2013 requesting to transfer the proceedings initiated by her for offence under Section 498A I.P.C. against her husband and other relations on 12.7.2012 to the Court at Waduj.

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The grounds assigned are the wife Smt. Manisha has shifted to Nimsud, her parental abode, being driven unceremoniously by her husband Prakash. Her one son is taking education as a parasite with her brother at Pune, while minor daughter is with her. Wife asserts that she is now, in the situation, pursuing her graduation at Waduj in Kolhapur University.

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Considering the difficulties faced by the wife and threat perception indicated on behalf of Prakash and his other relations, following order will meet ends of justice.

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ORDER

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i) The application of Prakash and other relations for transferring the proceeding of Prevention of Women from Domestic Violence Act from Waduj to Pune is rejected.

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ii) Application of Smt. Manisha for transferring the proceedings under Section 498A I.P.C. from the court at Pune to Waduj, District Satara is allowed.

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iii) In the proceeding initiated by Smt.Manisha at Waduj, except appearance of Prakash-her husband, exemption granted to other accused respondents therein with a condition, they will not challenge their identity before the court at Waduj. The learned Judge shall exempt them unless their specific presence is warranted.

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. Both the applications are disposed of as above.

Prakash Anadrao Jadhav and Ors. v. the State of Maharashtra and Ors.

Case brief

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Prakash Anadrao Jadhav and Ors. v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

What the court decided

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