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Bombay High CourtAPPLN/4587/2025application allowed

Jayshri Naval Patil And Others v. Naval Ashok Patil And Others

2026-03-07Hon'Ble Shri Justice Y. G. Khobragade2 pages

2026:BHC-AUG:9811 917appln4587-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CRIMINAL APPLICATION NO. 4587 OF 2025 Jayshri Naval Patil And Others

VERSUS

Naval Ashok Patil And Others ...

Mr. Patil Prafullasing H, Advocate for Applicant Mr. Rasve Deepak Baliram, Advocate for Respondents 1 to 3 CORAM : Y. G. KHOBRAGADE, J.

Dated : 7th March, 2026 PER COURT :- 1.

Heard learned counsel for the applicants and learned counsel for the non applicants.

2.

By the present application under section 407 of Criminal Procedure Code, corresponding section 447 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the applicants, who are wife and children of non applicant no.1, prayed for transfer of PWDVA No. 15 of 2022, pending on the file of learned Judicial Magistrate, First Class, Nashik to the file of learned Judicial Magistrate, First Class, Amalner, Dist. Jalgaon for disposal in accordance with law. 3.

Admittedly, at the time of filing of PWDVA No. 15 of 2022, the applicant wife was residing at Ashwinnagar, Dist. Nashik with her minor children- applicant nos. 2 and 3. However,

917appln4587-25 subsequently, she shifted to Amalner. The non- applicants are also residing at Amalner within the jurisdiction of JMFC, Amalner. Therefore, considering the nature of dispute under the Protection of Women from Domestic Violence Act and convenience of the applicant- wife, it would be just and proper to withdraw PWDVA No. 15 of 2022, pending on the file of the learned Judicial Magistrate, First Class, Nashik and transfer the same to the court of learned Judicial Magistrate, First Class, Amalner, Dist. Jalgaon for disposal in accordance with law.

4.

In view of the above discussions, following order is passed:

O R D E R

(1) Criminal application is allowed.

(2) PWDVA No. 15 of 2022, pending on the file of the learned Judicial Magistrate, First Class, Nashik is hereby transferred to the court of learned Judicial Magistrate, First Class, Amalner, Dist. Jalgaon for disposal in accordance with law.

(3) The order be communicated to the concerned courts. ( Y. G. KHOBRAGADE, J. ) JPChavan