Mrs. Pooja W/O Nilesh Jangade v. Mr. Nilesh S/O Govinda Jangade

2025:BHC-NAG:7097

(1) 975.appln.31.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPLN) NO.31 OF 2024 Mrs. Pooja w/o Nilesh Jangade Vs.

Mr. Nilesh s/o Govinda Jangade -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. N. P. Dhoke, Counsel h/f Mr. M. V. Rai, Counsel for the applicant. Mr. R. R. Gautam, Counsel for the respondent. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 15/07/2025 1.

By this application, the applicant is seeking transfer of the DV proceeding No.10/2020 pending before the learned Chief Judicial Magistrate, Gadchiroli to Nagpur and another PWDV Appeal No. 8/2022 pending before the learned District and Sessions Court at Gadchiroli to the District and Sessions Court, Nagpur.

2.

It is the contention of the applicant that she is residing at Nagpur on a rental basis. She has also filed on record copy of the rent agreement. It is further submitted that the non-applicant is also residing at Nagpur and the Family Court Petition No.340/2021 is already pending before the Family Court, Nagpur, therefore, it would be convenient for both parties to attend the proceeding at Nagpur.

(2) 975.appln.31.2024 3.

The learned Counsel for the non-applicant has no objection for the same.

4.

Considering the grounds raised to the application and as the Family Court proceeding is already pending in the Nagpur and the non-applicant is also residing at Nagpur, therefore, considering the convenience of both parties and the proceeding between the parties are of a matrimonial nature, it would be appropriate to transfer the DV proceeding No.10/2020 pending before the learned Chief Judicial Magistrate, Gadchiroli to the Chief Judicial Magistrate, Nagpur and PWDV Appeal No.8/2022 pending before the District and Sessions Court, Gadchiroli to the District and Sessions Court, Nagpur. In view of that, the application is allowed. Hence, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The proceeding bearing No. PWDV No.10/2020 pending before the Chief Judicial Magistrate, Gadchiroli is withdrawn and transfer to the Chief Judicial Magistrate, Nagpur.

(iii) PWDV Appeal No.8/2022 pending before the District and Sessions Court, Gadchiroli is withdrawn and transfer to the District and Sessions Court, Nagpur.

(iv) Both the parties shall appear before the Chief Judicial Magistrate, Nagpur and District Court, Nagpur on 01.08.2025.

(3) 975.appln.31.2024 The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate