Swati Gurunath Shingade v. Gurunath Krishna Shingade

1 2-APPLN 459-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.459 OF 2024 Swati Gurunath Shingade ... Applicant Vs.

Gurunath Krishna Shingade & Anr.

... Respondents ----- Mr. Shaunak N. Parulekar a/w Dr. Samarth Shrikant Karmarkar a/w Tarun Shrivastava i/by Karmarkar and Associates for the Applicant. Mr. Gurunath Krishna Shingade, Respondent No.1 is present in person. Mr. V. N. Sagare, APP for Respondent No.2.

----- CORAM :

N.R. BORKAR, J.

DATE :

15TH JUNE 2026 P.C. :

1.

This is an Application under Section 407 of the Code of Criminal Procedure.

2.

By this application, the applicant seeks transfer of the proceedings filed by her under the provisions of the Protection of Women from Domestic Violence Act, 2005 for various reliefs from the Court of Joint Civil Judge, Junior Division and JMFC, Pune where they are presently pending to the Court of Judicial Magistrate First Class at Belapur, Navi Mumbai.

3.

I have heard Learned Counsel for the Applicant and Respondent No.1 in person.

4.

The learned counsel for the applicant submits that at the time of filing of the proceedings in question, the applicant was working in Pune Mugdha

2 2-APPLN 459-24.doc and is now transferred to Mumbai. It is submitted that the applicant has to look after her daughter who is 9 years old and thus it becomes difficult for her to attend the Court at Pune. It is submitted that thus the matter in question be transferred to the Court of Judicial Magistrate (First Class), at Belapur, Navi Mumbai.

5.

This Court on 04th December 2025 passed the following order:- "P.C.:- 1) The learned Counsel for the Applicant states that the Applicant has gone to United States and that she will not be able to return to India in next three months.

2) Respondent No.1-husband, present in person state that the present Application is filed only when the Domestic Violence proceedings requested to be transferred was placed for dismissal. 3) In view thereof, at present, there is no urgency for considering the issue of transfer of the said case.

4) At the request of the parties, stand over to 18th December, 2025." 6.

The fact that the Applicant is still in the United States is not disputed. In that view of the matter, I am not inclined to entertain the present Application. The Criminal Application is therefore rejected. (N.R. BORKAR, J.) Mugdha