Shantadevi Rasalsinha Sulhyan v. Ajitsinha Rasalsinha Sulhyan And ORS.

(4)APPLNNo.2102018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.210 OF 2018 Smt.Shantadevi Rasalsinha Sulhyan ...

Applicant V/s.

Shri.Ajitsinha Rasalsinha Sulhyan & Anr.

...

Respondents .....

Mr.Chetan G. Patil, Advocate for the Applicant. Mr.Prashant R. Suryawanshi i/b. Mr.Gajanan M. Savagave, Advocate for the Respondent Nos.1 and 2.

Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 26th JULY 2018.

P.C. :

By this application under Section 407 of the Criminal Procedure Code, the applicant, who has filed petitions bearing No.E/39/2014 against the respondents herein in the Family Court at Kolhapur is seeking transfer of that petition along with Criminal Application under Section 128 of the Criminal Procedure Code to the Court of the learned Judicial Magistrate First Class at Miraj, District Sangli.

Gaikwad RD 1/2

(4)APPLNNo.2102018 Heard the learned Counsel appearing for the applicant as well as the learned Advocate appearing for the respondent Nos.1 and 2 as well as the learned Additional Public Prosecutor for the respondent/State.

The learned Advocate appearing for the respondent Nos.1 and 2, who happen to be sons of the present applicant has no objection for transferring the petitions under Section 125 and 128 of the Criminal Procedure Code from the Family Court at Kolhapur to the Court of Judicial Magistrate First Class at Miraj, District Sangli. The applicant is seeking maintenance from respondent Nos.1 and 2, who are sons of the applicant. In view of no objection granted by the learned Counsel for the respondent Nos.1 and 2, I proceed to pass the following Order :

ORDER

(i) The application is allowed.

(ii) Petition bearing No.E/39/2014 between the parties pending on the file of the Family Court at Kolhapur is transferred to the file of the learned Judicial Magistrate First Class at Miraj, District Sangli along with Criminal Application under Section 128 of the Criminal Procedure Code.

(iii) The application is accordingly disposed of. \ (A.M.BADAR J.) Gaikwad RD 2/2 Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.08.08 11:14:33 +0530