Sushil Prafulla Mankar vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Sushil Prafulla Mankar vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer not granted; the application was disposed with directions: the Respondent-wife to appear before the 67th Court, Borivali on 10 July 2025 and offer herself for cross-examination; the learned Magistrate to record her cross-examination immediately after deciding the marking of documents; the Respondent to appear on the scheduled date if cross-examination is not completed on 10 July 2025; the parties to co-operate with the Trial Court, with liberty to the Magistrate to pass appropriate orders on unexplained absence; and the proceeding to be concluded within the time stipulated by this Court's order dated 21 January 2025.

Issue for consideration

Whether the proceeding in DV Case No. 159/DV/2016 pending before the 67th Judicial Magistrate, Borivali should be transferred to any other court, the principal grounds being the delay in disposal and the alleged reluctance of the learned Magistrate to pass an order on the Application filed by the Applicant-husband.

Court's answer

Rather than transfer the proceeding, the Court considered it appropriate to request the learned Magistrate to make an endeavour to decide DV Case No. 159/DV/2016 as expeditiously as possible and to put the parties to terms.

Ratio / Principle

Direction (i): the Respondent-wife shall appear before the Court of the learned Magistrate, 67th Court, Borivali, on 10 July 2025 and offer herself for cross-examination.

Key takeaways

Direction (ii): after the issue of marking of documents is decided, the learned Magistrate is requested to immediately proceed to record the cross-examination of the Respondent.ratio¶29
Direction (iii): the Respondent shall appear before the learned Magistrate on the scheduled date if the cross-examination is not completed on 10 July 2025.ratio¶30
Direction (iv): the parties shall co-operate with the Trial Court in the expeditious conclusion of the trial in DV Case No. 159/DV/2016.

Detailed headnote1 paragraphs

Bombay High Court (N. J. Jamadar, J.) disposed of an application (Application No. 150 of 2024) seeking transfer of DV Case No. 159/DV/2016 from the 67th Judicial Magistrate, Borivali to any other court, the principal grounds being delay in disposal and the alleged reluctance of the learned Magistrate to pass an order on the applicant-husband's application. The Court noted that cross-examination had commenced on 12 February 2025 but the hearing could not proceed as one or both parties did not appear on subsequent dates; that by order dated 7 May 2025 in Writ Petition (Stamp) No. 2146 of 2024 the Court had requested the Magistrate to decide the DV case within six months from the next date of hearing; and that the matter was listed on 10 July 2025 for decision on marking of documents. Declining transfer, the Court disposed of the application with directions: (i) the Respondent-wife to appear before the 67th Court, Borivali on 10 July 2025 and offer herself for cross-examination; (ii) the Magistrate to immediately proceed to record her cross-examination after deciding the marking of documents; (iii) the Respondent to appear on the scheduled date if cross-examination is not completed on 10 July 2025; (iv) the parties to co-operate with the Trial Court, with liberty to the Magistrate to pass appropriate orders if parties remain absent without reasonable cause; and (v) the proceeding to be concluded within the time stipulated by this Court's order dated 21 January 2025.

2-APPLN-150-2024.DOC

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

APPLICATION NO. 150 OF 2024

Sushil Prafulla Mankar Versus

..Applicant

The State of Maharashtra & Anr …Respondents

Mr. Pratik P Ingale, for the Applicant. Mr. A.S. Shalgaonkar, APP, for the Respondent-State. Mr. Ayaan Bhattacharyya, with Trupti Kudtudkar, i/b Wesley Menezes, for Respondent No.2.

CORAM: N. J. JAMADAR, J. DATED : 18^th JUNE 2025

P.C.:

Heard the learned Counsel for the parties.

This is an Application for transfer of proceeding bearing No. 159/DV/2016 from 67^th Judicial Magistrate, Borivali to any other Court.

ARUN RAMCHANDRA SANKPAL

Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.06.20 10:15:08 +0530

The principal reason for seeking the transfer appears to be the delay in disposal of the proceeding and the alleged reluctance on the part of the learned Magistrate to pass an order on the Application filed by the Applicant-husband. The Court has perused the Application and the copies of the roznama filed along with compilation of documents tendered today.

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2-APPLN-150-2024.DOC

It appears that on 12^th February 2025 cross-examination in the DV Case No. 159/DV/2016 had commenced. The Court finds that one or both the parties did not appear before the Court on the subsequent dates. On account of the absence of the parties in Trial Court in DV Case No. 159/DV/2016, the hearing could not proceed. Moreover, by an order dated 7^th May 2025, in Writ Petition (Stamp) No. 2146 of 2024, this Court had requested the learned Magistrate to decide the DV Case No. 159/DV/2016 within a period of six months from the next date of hearing then scheduled before the Trial Court.

The learned Counsel for the Respondent-wife submitted that as the Respondent had a change in her employment, she could not appear before the Court. The DV proceeding is now scheduled to be listed before the learned Magistrate on 10^th July 2025.

On that date, the Court is informed, the issue of marking of the documents is to be decided by the learned Magistrate.

In these circumstances, the Court considers it appropriate to request the learned Magistrate to make an endeavour to decide DV Case No. 159/DV/2016 as expeditiously as possible and also put the parties to terms.

The Application stands disposed with the following directions:

(i) The Respondent-wife shall appear before the Court of learned Magistrate, 67^th Court, Borivali,

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2-APPLN-150-2024.DOC

on 10^th July 2025 and offer herself for cross-

examination.

(ii) After the issue of marking of documents is decided, the learned Magistrate is requested to immediately proceed to record the crossexamination of the Respondent.

(iii) The Respondent shall appear before the learned Magistrate on the scheduled date, if the cross-examination is not completed on 10^th July 2025.

(iv) The parties shall co-operate with the Trial Court in the expeditious conclusion of the trial in DV Case No. 159/DV/2016. The learned Magistrate is at liberty to pass an appropriate order if the parties remain absent without reasonable cause.

(v) In any event, the proceeding in DV Case No. 159/DV/2016 shall be concluded within the time stipulated by this Court by an order dated 21^st January 2025.

Application disposed.

[N. J. JAMADAR, J.]

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