Girish Ramchandra Udeg v. Bhairavi W/O Girish Udeg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 219 OF 2022 WITH INTERIM APPLICATION NO. 1722 OF 2022 Girish Ramchandra Udeg ...Applicant

Versus

Bhairavi W/o Girish Udeg

...Respondent

....

Dr. Uday P. Warunjikar a/w Ms. Sonali R. Chavan, Advocate for the Applicant in Criminal Application No. 219 of 2022. Ms. Pushpa Ganediwala a/w Mr. Shaym Panchmukh, Mr. Ankit Dhindale i/by Ms. Kirti Kulkarni, Advocate for the Respondent. Mr. M.G. Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

20th SEPTEMBER, 2022.

PER COURT :

1.

The prayer in this applicatio is for transferring the proceedings before Family Court at Nagpur being petition No.E644/2019 and the proceedings before the Civil Judge, Junior Division and J.M.F.C. at Nagpur being Criminal M.A. No.4672 of 2019 to the Family court at Pune.

2.

Applicant is husband and Respondent No.1 is his wife. The applicant is Respondent in petition No.E-664/2019 filed before Family court at Nagpur by Respondent under Section 125 of Cr.P.C. The applicant and Respondent No.1 are in Germany. The Respondent wife is represented by her power of attorney, who is residing at Nagpur. The Respondent has filed proceedings before

4th Civil Judge, Junior Division and J.M.F.C. at Nagpur being Criminal M.A. No.4672 of 2019 under Section 12 of Protection of Women From domestic Violence Act. The applicant has given power of attorney in favour of father of applicant who is stationed at Pune. The age of father of applicant is 65 years. 3.

Learned Advocate for Respondent No.1 on instructions submit that the Respondent No.1 has no objection for transferring the said proceedings to Court at Pune. However, the POA or representative of Respondent No.1 will be required to attend proceedings at Pune from Nagpur. Mr. Warunjikar on instructions that as an when the POA or representative of Respondent No.1 is required to attend proceedings travelling expenses would be provided by applicant.

4.

In view of the aforesaid submissions, the proceedings in Criminal M.A. No. 4672 of 2019 pending in Court of 4th Civil Judge, Junior Division and J.M.F.C. at Nagpur and proceedings in petition No. E-644/2019 pending before Family Court at Nagpur are transferred to the Court of J.M.F.C., Pune. As an when the POA or legal representative of the Respondent No.1 is required to attend the proceedings in the Court at Pune, the travelling expenses shall be provided by the applicant.

5.

Application stands disposed off.

(PRAKASH D. NAIK, J.)