Priti W/O Mithilesh Kamble v. Mithilesh S/O Dilip Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CRIMINAL APPLICATION NO.

OF 202 Smt.. Priti w/o Mithilesh Kamble Vs Mithilesh S/o Dilip Kamble and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Aditi Timande, counsel for applicant.

Mr. Akash Bambode, counsel for non-applicants.

CORAM

: URMILA JOSHI PHALKE, J.

DATE : 1 7 /03/2026 1.

Heard.

2.

By this application, the applicant is seeking transfer of the Domestic Violence Proceeding (PWDV) No.20/2024, pending before the Judicial Magistrate First Class, Desaiganj, District Gadchiroli, to the Court of Judicial Magistrate First Class, Bhandara. 3.

Heard learned counsel for the applicant, who submitted that the marriage between the applicant and non-applicant no.1 was solemnized at Bhandara, as per the rites and customs on 16/06/2024. It is submitted that, as the applicant was subjected to ill-treatment, she filed an application under the provisions of the Domestic Violence Act 2005, seeking various reliefs. The said application was filed before the Judicial Magistrate First Class, Desaiganj, bearing Case No.20/2024. 4.

It is further submitted that the applicant is presently residing at her brother's house and is dependent on him for her livelihood. Due to her economic condition, she is unable to travel to Desaiganj, and engage the counsel, and litigate the matter, as she has no independent source of

income. It would, therefore, be difficult for her to incur the expenses. Therefore, she seeks transfer of the proceeding from Desaiganj, District - Gadchiroli, to the Court of Judicial Magistrate First Class, Bhandara. 5.

Learned counsel for the non-applicant has no objection for allowing the application.

6.

Considering the distance between the two places is approximately 100 k.m., and the applicant has no independent source of income and would be required to incur the litigation expenses. Hence, this Court finds merit in the application. Moreover, the non-applicant has no objection for the same. It is well settled that, in matrimonial cases, the convenience of the wife is to be considered while deciding the transfer application filed by her.

7.

In view of the above circumstances, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

ORDER

a] The Misc. Criminal Application is allowed.

b] The Domestic Violence Proceeding No. 20/2024, pending before the Judicial Magistrate First Class, Desaiganj, District - Gadchiroli, is hereby transferred to the Court of Judicial Magistrate First Class, Bhandara, for adjudication.

c] The parties to appear before the Judicial Magistrate First Class, Bhandara, on 01/04/2026.

8.

Pending application(s), if any, shall stand disposed of accordingly.

9.

The Criminal Application is disposed of. No order as to costs. (URMILA JOSHI PHALKE, J.)