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Bombay High CourtAPPLN/381/2019others disposed off

Maqsood Akram Sayyed v. Saida Maqsood Sayyed And ANR

2019-11-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 18.381.19 appln.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 381 OF 2019 Maqsood Akram Sayyed .....Applicant V/s.

Saida Maqsood Sayyed and another .....Respondents Mr. Shaheen Sothe i/b S. P. Associates for the applicant Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 20, 2019.

P.C.

Applicant-husband invoked provisions of Section 407 of Code of Criminal Procedure, 1973 seeking transfer of proceedings from Junnar to Mumbai on the ground that non-applicant is permanent resident of Mumbai.

The law on the issue is well settled as regards initiation and maintainability of proceedings under the Domestic Violence Act, 2005 at the behest of victim-wife. The victim has every right of

2 18.381.19 appln.doc initiating proceedings at the place which is convenient to her. That being so, no case for transfer is made out. Application stands rejected.

[NITIN W. SAMBRE, J.]