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Bombay High CourtAPPLN/53/2017dismissed

Shobha Mahadeo Jadhav v. Mahadeo Narayan Jadhav And Others

2019-01-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 appln53.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPLN) NO.53 OF 2017 (SHOBHA MAHADEO JADHAV...VS.. MAHADEO NARAYAN JADHAV & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.P. Dhotre, Advocate for Applicant.

Shri S.D. Chande, Advocate for Respondent Nos.1, 2, 4, 5, 6, 9, 11. CORAM : Z.A.HAQ, J.

DATED : JANUARY 14, 2019.

Heard.

By this application under Section 407 of the Code of Criminal Procedure, the applicant prays that the proceedings filed by her under the provisions of the Protection of Women from Domestic Violence Act 2005 pending in the Court at Manora be transferred to the Court at Akola.

According to the applicant, at the time of filing of the applications/complaints, the applicant was residing at Manora, however, subsequently she is compelled to shift to Akola because of the financial difficulties faced by her. The prayer made by the applicant cannot be granted on the ground raised by her.

Hence, the application is dismissed. In the circumstances, the parties to bear their own costs.

2 appln53.17 However, it would be open to the applicant to file application seeking interim maintenance/litigation expenses, in the proceedings before the trial Court and if such application is filed, the learned Magistrate shall dispose it within two months from the date of its filing. JUDGE RRaut..