Dismissed¶¶25

Swati Gurunath Shingade v. Gurunath Krishna Shingade

Bombay HC17 Mar 2026APPLN/459/2024

Case brief

AI extract

What is this about?

S.407 CrPC transfer application; proceedings under Protection of Women from Domestic Violence Act 2005 pending before Joint Civil Judge Jr. Div. & JMFC Pune; transfer sought to JMFC Belapur, Navi Mumbai; applicant transferred Pune to Mumbai; 9-year-old daughter; interim order 04.12.2025; applicant in United States; Respondent No.1 claim application filed only when DV proceedings placed for dismissal; no urgency; stand over 18.12.2025; application rejected; Bombay High Court; Criminal Appellate Jurisdiction; N.R. Borkar J.; CRIMINAL APPLICATION NO.459 OF 2024.

What did the court decide?

At present there is no urgency for considering the issue of transfer of the said case; accordingly, at the parties' request, the matter was stood over to 18 December 2025. ¶¶23

Swati Gurunath Shingade vs Gurunath Krishna Shingade — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶¶25

Issue for consideration

Whether the applicant's proceedings under the Protection of Women from Domestic Violence Act, 2005, pending before the Court of Joint Civil Judge, Junior Division and JMFC, Pune, should be transferred to the Court of Judicial Magistrate First Class, Belapur, Navi Mumbai. +1 more

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Ratio / Principle

At present there is no urgency for considering the issue of transfer of the said case; accordingly, at the parties' request, the matter was stood over to 18 December 2025.

¶¶23

Key takeaways

As the applicant's continued presence in the United States was undisputed, this Court was not inclined to entertain the present Application, and the Criminal Application was rejected. The transfer request itself was not decided on merits.ratio¶¶25

Detailed headnote1 paragraphs

Criminal Application No. 459 of 2024 | Swati Gurunath Shingade v. Gurunath Krishna Shingade & Anr. | High Court of Judicature at Bombay (Criminal Appellate Jurisdiction) | Coram: N.R. Borkar, J. | Decided 15 June 2026. Applicant moved under Section 407 of the Code of Criminal Procedure for transfer of her pending proceedings under the Protection of Women from Domestic Violence Act, 2005 from the Court of Joint Civil Judge, Junior Division and JMFC, Pune to the Court of Judicial Magistrate First Class, Belapur, Navi Mumbai, pleading that she had been transferred from Pune to Mumbai and had to look after her 9-year-old daughter. By interim order of 04.12.2025 this Court had recorded learned Counsel's statement that the applicant was in the United States and unable to return to India for three months, and Respondent No.1's statement (made in person) that the application was filed only when the domestic violence proceedings sought to be transferred were placed for dismissal; finding no urgency, the Court stood the matter over to 18.12.2025 at the parties' request. As the applicant's continued stay in the United States was undisputed, the Court was not inclined to entertain the application and the Criminal Application was rejected; the transfer request was not adjudicated on merits.

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1 2-APPLN 459-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.459 OF 2024

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Swati Gurunath Shingade

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… Applicant

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Vs.

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Gurunath Krishna Shingade & Anr. … Respondents

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Mr. Shaunak N. Parulekar a/w Dr. Samarth Shrikant Karmarkar a/w Tarun Shrivastava i/by Karmarkar and Associates for the Applicant. Mr. Gurunath Krishna Shingade, Respondent No.1 is present in person. Mr. V. N. Sagare, APP for Respondent No.2.

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CORAM : N.R. BORKAR, J. DATE : 15TH JUNE 2026

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P.C. :

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This is an Application under Section 407 of the Code of Criminal Procedure.

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By this application, the applicant seeks transfer of the proceedings filed by her under the provisions of the Protection of Women from Domestic Violence Act, 2005 for various reliefs from the Court of Joint Civil Judge, Junior Division and JMFC, Pune where they are presently pending to the Court of Judicial Magistrate First Class at Belapur, Navi Mumbai.

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I have heard Learned Counsel for the Applicant and Respondent No.1 in person.

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The learned counsel for the applicant submits that at the time of filing of the proceedings in question, the applicant was working in Pune

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Mugdha

2 2-APPLN 459-24.doc

and is now transferred to Mumbai. It is submitted that the applicant has to look after her daughter who is 9 years old and thus it becomes difficult for her to attend the Court at Pune. It is submitted that thus the matter in question be transferred to the Court of Judicial Magistrate (First Class), at Belapur, Navi Mumbai.

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This Court on 04^th December 2025 passed the following order:-

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“ P.C.:-

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1. The learned Counsel for the Applicant states that the Applicant has gone to United States and that she will not be able to return to India in next three months.

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1. Respondent No.1-husband, present in person state that the present Application is filed only when the Domestic Violence proceedings requested to be transferred was placed for dismissal.

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1. In view thereof, at present, there is no urgency for considering the issue of transfer of the said case.

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1. At the request of the parties, stand over to 18^th December, 2025 .”

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The fact that the Applicant is still in the United States is not disputed. In that view of the matter, I am not inclined to entertain the present Application. The Criminal Application is therefore rejected.

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(N.R. BORKAR, J.)

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Mugdha

Swati Gurunath Shingade v. Gurunath Krishna Shingade

Case brief

What is this about?

What did the court decide?

Swati Gurunath Shingade v. Gurunath Krishna Shingade

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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