Rahul S/O. Ratnakar Gaikwad v. Asawari W/O. Rahul Gaikwad

Bombay HC7 Oct 2025WP/203/2018

Case brief

AI extract

What is this about?

Transfer of criminal miscellaneous proceedings by consent: PWDV Act case (MCC 106/2015, Sections 12, 18, 19, 20, 22, 23 per clause B) and Section 125 CrPC maintenance case (MCC 485/2015) moved from J.M.F.C. Telhara to J.M.F.C. Sangamner; respondent consented through counsel; Rule made absolute; petition disposed; Bombay High Court Aurangabad Bench; Sushil M. Ghodeswar, J.; 7 October 2025; Criminal Writ Petition No. 203 of 2018.

What did the court decide?

Transfer of Miscellaneous Criminal Case No. 106/2015 (filed under the Protection of Women from Domestic Violence Act) and Miscellaneous Criminal Case No. 485/2015 (filed under Section 125 of the Code of Criminal Procedure) from the Court of the learned J.M.F.C. Telhara to the Court of the learned J.M.F.C. Sangamner; Rule made absolute and petition disposed of. ¶¶18

Rahul S/O. Ratnakar Gaikwad Vs Asawari W/O. Rahul Gaikwad — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Miscellaneous Criminal Case No. 106 of 2015 (filed under the Protection of Women from Domestic Violence Act) and Miscellaneous Criminal Case No. 485 of 2015 (filed under Section 125 of the Code of Criminal Procedure), both pending before the learned J.M.F.C. Telhara, should be transferred to the Court of the learned J.M.F.C. Sangamner.

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Court's answer

After obtaining instructions from the Respondent, the Respondent's Advocate made a statement in Court that the Respondent was willing to transfer both pending matters from Telhara to Sangamner itself.

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Ratio / Principle

In view of the Respondent's statement, the prayer in terms of clause (b) of the petition — transfer of Miscellaneous Criminal Case No. 106/2015 and Miscellaneous Criminal Case No. 485/2015 from J.M.F.C. Telhara to J.M.F.C. Sangamner — stands allowed.

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Key takeaways

Rule is made absolute in the above terms and the petition is accordingly disposed of.ratio¶¶18

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Criminal Writ Petition No. 203 of 2018, decided 7 October 2025 by Sushil M. Ghodeswar, J. The petitioner-husband prayed for transfer of (i) Miscellaneous Criminal Case No. 106 of 2015, filed under the provisions of the Protection of Women from Domestic Violence Act (prayer clause B invoking Sections 12, 18, 19, 20, 22 and 23), and (ii) the respondent-wife's Miscellaneous Criminal Case No. 485 of 2015, filed under Section 125 of the Code of Criminal Procedure, both pending before the learned J.M.F.C., Telhara, to the Court of the learned J.M.F.C., Sangamner. During hearing, the Respondent's Advocate, after obtaining instructions, stated that the Respondent was willing to transfer both matters to Sangamner itself. On that statement, the Court allowed the prayer in clause (b), made the Rule absolute in the said terms, and disposed of the petition. Consent-based transfer; no adjudication on merits; no precedent engaged.

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1 of 2 920-WP.203.2018

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2025:BHC-AUG:28238

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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920 CRIMINAL WRIT PETITION NO. 203 OF 2018

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RAHUL S/O. RATNAKAR GAIKWAD VERSUS

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ASAWARI W/O. RAHUL GAIKWAD

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Mr. Yuvraj S. Choudhari, Advocate for the Petitioner. Mr. V. N. Shinde h/f. Mr. Ameet R. Vaidya, Advocate for Respondent.

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CORAM : SUSHIL M. GHODESWAR, J. DATE : 7^th OCTOBER, 2025

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P.C.:-

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Rule . Rule made returnable forthwith. By consent of the parties, heard finally.

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Learned Advocate for the Petitioner is praying for transfer of Miscellaneous Criminal Case No.106 of 2015 filed under the provisions of Protection of Women from Domestic Violence Act, pending before the learned J.M.F.C. Telhara to the Court of learned J.MF.C. Sangamner. The Petitioner further seeks transfer of proceedings filed by the Respondent herein bearing Miscellaneous Criminal Case No.485 of 2015 filed under Section 125 of the Code of Criminal Procedure pending before the learned J.M.F.C. Telhara to the Court of learned J.M.F.C. Sangamner.

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During the course of hearing, learned Advocate for

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2 of 2 920-WP.203.2018

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Respondent obtained instructions from Respondent, as to whether she is willing for transfer of both the proceedings from Telhara to Sangamner. However, after obtaining instructions, learned Advocate for the Respondent made statement that Respondent is willing to transfer the matters to Sangamner itself.

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In view of the statement made, the prayer in terms of clause

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(b) of the petition stands allowed. The said prayer reads thus:-

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“B. The Misc. Criminal Case No. 106/2015 filed under the provisions of Section 12, 18, 19, 20, 22 and 23 pending before the file of learned Judicial Magistrate First Class, Telhara, may kindly be transferred to the file of Judicial Magistrate First Class, Sangamner and proceeding filed by respondent bearing Misc. Criminal Case No. 485/2015 filed U/s 125 of the Code of Criminal Procedure pending before the learned Judicial Magistrate First Class, Telhara may kindly be transferred to learned Judicial Magistrate First Class at Sangamner.”

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Rule is made absolute in the above terms. The petition is accordingly disposed of.

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(SUSHIL M. GHODESWAR, J.)

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Tauseef

Rahul S/O. Ratnakar Gaikwad v. Asawari W/O. Rahul Gaikwad

Case brief

What is this about?

What did the court decide?

Rahul S/O. Ratnakar Gaikwad v. Asawari W/O. Rahul Gaikwad

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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