Dismissed¶¶31

Nitin S/O Shriram Bondre v. Renuka W/O Nitin Bondre and Another

Bombay HC20 Jan 2025APPLN/105/2025

Case brief

AI extract

What is this about?

Transfer of criminal/matrimonial proceedings; convenience-of-wife principle; S.125 Cr.P.C. maintenance; PWDVA maintenance; Ss.498-A, 323, 504, 506; husband's business at Chhatrapati Sambhajinagar (Aurangabad) vs wife resident at Nalgir, Tal. Udgir, Dist. Latur; clubbing of cases on one date before Udgir Court; Criminal Application dismissed by Bombay HC Aurangabad Bench (Khobragade, J.).

What did the court decide?

Criminal Application dismissed; transfer and stay prayers refused. Sole operative direction: the learned trial Court shall consider the Applicant/husband's application for keeping all the matters on one date (¶33). ¶¶31

Nitin S/O Shriram Bondre Vs Renuka W/O Nitin Bondre… — Maintenance and Alimony | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶¶31

Issue for consideration

Whether the proceedings listed in prayer clause (A) — RCC No. 361/2019, Cri.M.A. No. 668/2020 and Cri.M.A. PWDVA No. 41/2020, pending before the JMFC Courts at Udgir — should be transferred to the Judicial Magistrate First Class Court at Aurangabad. +2 more

¶¶14

Court's answer

It is well settled that transfer of matrimonial proceedings between husband and wife can be had at the convenient place of the wife, to avoid her exertion and travel journey in attending the legal proceedings; this supplies the test applied on this application.

¶¶30

Ratio / Principle

The Applicant-husband, who carries on business at Chhatrapati Sambhajinagar (Aurangabad), made out no substantial grounds for transfer: respondent no.1/the wife resides at her parental house at Nalgir, Taluka Udgir, District Latur, and all the matrimonial proceedings are already pending before the JMFC, Udgir, District Latur.

¶¶30

Key takeaways

The learned trial Court is directed to consider the Applicant/husband's application for keeping all the matters on one date (partial accommodation of the alternative prayer).ratio¶¶33

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Coram Y. G. KHOBRAGADE, J. (20.01.2025), Criminal Application No. 105 of 2025 — Nitin s/o Shriram Bondre (husband) sought transfer from the JMFC Courts, Udgir to JMFC Court, Aurangabad of three proceedings initiated by his wife (respondent no.1 Renuka): RCC No. 361/2019 (table cites "U/s 498-A, 323, 504, 506 of Cr.P.C."), Cri.M.A. No. 668/2020 (U/s 125 Cr.P.C.) and Cri.M.A. PWDVA No. 41/2020 (maintenance), together with an interim stay and, alternatively, clubbing of all matters on one date before Udgir with time-bound disposal. Held: transfer of matrimonial proceedings lies at the convenient place of the wife so as to spare her travel; the wife resides at her parental house at Nalgir, Taluka Udgir, District Latur, and all matrimonial proceedings are pending before the JMFC, Udgir, while the husband carries on business at Chhatrapati Sambhajinagar (Aurangabad); therefore no substantial grounds for transfer were made out. Application dismissed; the learned trial Court directed to consider the husband's application for keeping all matters on one date.

¶1

2025:BHC-AUG:1748

¶2

19-Cri-Appln-105-2025.odt

¶3

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶4

19 CRIMINAL APPLICATION NO. 105 OF 2025

¶5

NITIN S/O SHRIRAM BONDRE VERSUS

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RENUKA W/O NITIN BONDRE AND ANOTHER

¶7

Ms Savita G. Mapari (Bidve), Advocate for the Applicant Mr. S. M. Ganachari, APP for the Respondent – State

¶8

CORAM : Y. G. KHOBRAGADE, J.

¶9

DATE : 20.01.2025

¶10

PER COURT :-

¶11

Heard the learned counsel for the Applicant, at length.

¶12

By the present Application, the Applicant / husband,

¶13

put forth prayer clauses (A) to (E) as under:-

¶14

“ A. This Hon’ble Court may be pleased to transfer the following proceedings pending before the Judicial Magistrate First Class, Udgir Court to Judicial Magistrate First Class, Aurangabad Court.

¶15

(i) RCC No. 361/2019, pending before the Court of 1^st Judicial Magistrate First Class at Udgir.

¶16

(ii) Cri.M. A.No. 668/2020, pending before the Court of 3^rd Judicial Magistrate First Class at Udgir.

¶17

(iii) Cri.M. A PWDVA No. 41/2020 pending before the Court of 3^rd Judicial Magistrate First Class at Udgir.

¶18

B. Pending hearing and final disposal of this Criminal Application, this Honl)le court may be pleased to stay the further proceeding in above mentioned Criminal proceedings filed by respondent no.1.

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C. Ad-interim relief in terms of prayer clause (B).

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1 of 3

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(( 2 )) 19-Cri-Appln-105-2025

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D. This Honl)le Court may be pleased to pass the order to keep all the above mentioned criminal proceedings on the same date before the Udgir, Court and dispose of all the above mentioned Criminal proceedings within a stipulated period .

¶24

E. Any other suitable and equitable reliefs may kindly be granted in favour of the applicant.”

¶25

On face of record, it appears that the non-applicant No.1

¶26

wife has initiated the following proceedings.

¶27

Sr. No.	Details of Proceedings	Date of Filing	Name of the Parties	Name of the Court	Status of Proceeding
1	Cri.M.A.No. 668/2020 (U/s 125 Cr.P.C.)	21.09.20	Renuka Bondre V/s Nitim Bondre	3^rdJMFC Court, Udgir	Pending
2	Cri.M.A. PWDVA No.41/2020 (For Maintainance)	27.08.20	Renuka Bondre V/s Nitin Bondre and others	3^rdJMFC Court, Udgir	Pending
3	RCC No.361/2019 (U/s 498-A, 323, 504, 506 of Cr.P.C.)	30.12.19	Renuka Bondre V/s Nitin Bondre and others	1^stJMFC Court, Udgir	Pending
4	HMP Petition No.116/2021	11.08.21	Renuka Bondre V/s Nitin Bondre	Jt. CJSD, Udgir	Pending
5	Cri. Appeal No.08/2021	28.09.21	Renuka Bondre V/s Nitin Bondre	District And Sessions Court, Udgir	Disposed on 13.06.24
6	RCC No.502/2024	13.02.24	State v/s Nitin Bondre	CJJD and JMFC Court, Aurangabad	Pending
7	MCA 67/2021	17.02.21	Renuka Bondre V/s Nitin Bondre	Hon’ble High Court of Bombay bench at Aurangabad	Disposed on 29.11.21
8	Cri WP No. 1464/2024	12.08.24	Renuka Bondre V/s Nitin Bondre and others	Hon’ble High Court of Bombay bench at Aurangabad	Online case status
9	Cri Application No. 3455/2024 (Quashing of FIR)	12.08.24	Renuka Bondre & Others V/s Nitin Bondre	Hon’ble High Court of Bombay bench at Aurangabad	Online case status

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(( 3 )) 19-Cri-Appln-105-2025

¶30

It is well settled principle of law that the transfer of matrimonial proceedings between the husband and wife can be transferred at the convenient place of the wife to avoid her exercises and travel journey to attend the legal proceedings. The present Applicant is the husband who carries the business at Chhatrapati Sambhajinagar (Aurangabad), whereas the non-applicant No.1 / wife is residing at her parental house at Nalgir, Taluka Udgir, District Latur. All the matrimonial proceedings are pending before the learned J.M.F.C., Udgir, District Latur. Therefore, I do not find that the Applicant has made out substantial grounds for transfer of the proceedings.

¶31

In view of the above discussion, the present Application is

¶32

dismissed.

¶33

The learned trial Court shall consider the application of the present Applicant / husband for keeping all the matters on one date.

¶34

[ Y. G. KHOBRAGADE, J. ]

¶35

SMS

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Nitin S/O Shriram Bondre v. Renuka W/O Nitin Bondre and Another

Case brief

What is this about?

What did the court decide?

Nitin S/O Shriram Bondre v. Renuka W/O Nitin Bondre and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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