Amit Prakash Chavan vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Amit Prakash Chavan vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided; the Applicant's counsel's statement that the entire maintenance arrears will be deposited in the account of Respondent No.2 within two weeks was accepted as an undertaking to the Court, and the matter stood over to 28 February 2025.

Issue for consideration

Whether the Criminal Application for transfer of E Petition No.119 of 2023 from the Court of the learned Principal Judge, Family Court, Akola to the Family Court at Pune, filed under Section 407 CrPC, should be allowed.

Court's answer

The power to transfer a case under Section 407 CrPC can be exercised if it tends to the general convenience of the parties or witnesses, or is expedient for the ends of justice; the order under Section 407 is a completely discretionary order.

Ratio / Principle

If the petitioner-husband is admittedly in arrears of maintenance of about Rs.14,50,000/-, that factor will have to be taken into consideration while exercising the discretion in favour of the Applicant.

Key takeaways

The statement of learned counsel for the Applicant, on the Applicant's instructions, that the entire maintenance arrears will be deposited in the account of Respondent No.2 within two weeks, was accepted as an undertaking given to the Court.ratio¶¶18

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.), order dated 14 February 2025 in Criminal Application No.71 of 2024 (with No.479 of 2024), Amit Prakash Chavan v. State of Maharashtra & Ors. Application under Section 407 CrPC by the husband seeking transfer of E Petition No.119 of 2023 from the Family Court, Akola to the Family Court, Pune. The Court observed that the power of transfer under Section 407 CrPC is completely discretionary and can be exercised only if it tends to the general convenience of the parties or witnesses or is expedient for the ends of justice; accordingly, the admitted maintenance arrears of about Rs.14,50,000/- against the applicant-husband were a factor to be taken into consideration while exercising discretion in his favour. Background: by Order dated 22 April 2017, an aggregate Rs.27,000/- per month was directed to be paid as maintenance to the wife and the son; Respondent No.2 asserted arrears of Rs.16,00,000/-, while the Applicant placed them at about Rs.14,50,000/-. Counsel for the Applicant, on instructions, undertook to deposit the entire arrears in the account of Respondent No.2 within two weeks; the statement was accepted as an undertaking given to the Court and the application stood over to 28 February 2025, no final order on the transfer having been passed.

8-appln-71-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.71 OF 2024 WITH

CRIMINAL APPLICATION NO.479 OF 2024

Amit Prakash Chavan …Applicant Versus State of Maharashtra & Ors. …Respondents

Mr. Amey D. Deshpande, for the Applicant.

Mr. Anil S. Kamble a/w Mr. Vishal V. Rankhambe a/w Ms. Aparna V. Rankhambe a/w Mr. Chaitanya Bagul a/w Mr. Afsar Ansari, for the Respondent No.2.

Ms. Anuja Gotad, APP for the Respondent – State.

CORAM: MADHAV J. JAMDAR, J. DATED: 14 FEBRUARY 2025

P.C.:

1. This is an Application for transfer filed under Section 407 of Code of Criminal Procedure, 1973 (“ CrPC ”) of E Petition No.119 of 2023, pending in the Court of the learned Principal Judge, Family Court, Akola, to the Family Court At Pune.

2. Learned Counsel appearing for the Respondent No.2 states that by Order dated 22^nd April 2017, an aggregate amount of Rs.27,000/per month has been directed to be paid as maintenance to the wife and the son. He states that an amount of Rs.16,00,000/- is due towards, arrears of the maintenance.

3. Mr. Amey Deshpande, learned Counsel appearing for the Applicant states that the arrears are about Rs.14,50,000/-.

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Vaibhav

8-appln-71-2024.doc

4. It is required to be noted that power to transfer a case under Section 407 of CrPC can be exercised if it tends to the general convenience of the parties or witnesses, or is expedient for the ends of justice. Thus, the Order under Section 407 is completely discretionary Order. If the Petitioner - husband is admittedly in arrears of maintenance of about Rs.14,50,000/-, then the said factor will have to be taken into consideration while exercising the discretion in favour of the Applicant.

5. However, Mr. Amey Deshpande, learned Counsel appearing for the Applicant states that within a period of two weeks from today, entire arrears will be deposited in the account of the Respondent No.2. The said statement made by learned Counsel appearing for the Applicant, on instructions of the Applicant, is accepted as undertaking given to this Court.

6. Accordingly, stand over to 28^th February 2025 .

[MADHAV J. JAMDAR, J.]

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Vaibhav