Shaikh Hasham S/O Shaikh Ismail ... vs Shaikh Mumtaz Begum W/O Shaikh ...
2023 Latest Caselaw 1599 Bom

J-cri.appln.112.22.odt                                      1/5


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR


        CRIMINAL APPLICATION (APPLN) No.112 OF 2022


1.    Shaikh Hasham s/o. Shaikh Ismail,
      Age 66 years, Occupation Retired.

2.    Bilkis Bano w/o. Shaikh Hasham,
      Age 51 years, Occupation Household,

      Both are R/o. Dhor galli,
      Tq. Partur & Distt. Jalna.

3.    Abbas Husen Qureshi,
      Age 61 years, Occupation Business &
      Agriculturist.
      R/o. Near Qureshi Masjid, Madalmoi,
      Tq. Gewarai, Distt. Beed.                 :   APPLICANTS

               ...VERSUS...

Shaikh Mumtaz Begum w/o. Shaikh Hasham,
Age 63 years, Occupation : Nil.

(Temporary address)
R/o. C/o. Dy. S.P. Sheikh Sultan,
Paradise Colony, VMV Road, Amravati.
Tq. & Distt. Amravati.

(Permanent address)
R/o. C/o. Abdul Samad
Hasan Qureshi,
At Post Ashti, Taluka Partur,
Distt. Jalna.                                   :   RESPONDENT

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Mrs. G.W. Sambare, Advocate for Applicants.
Mr. M.N. Ali, Advocate for Respondent.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
 J-cri.appln.112.22.odt                                            2/5


CORAM           :        G.A. SANAP, J.

DATE            :        16.02.2023.

ORAL JUDGMENT :


1.              Heard.

2.             Rule. Rule made returnable forthwith.

3.             Heard finally by consent of the parties.

4. The applicants who are the respondents in D.V. Case

No.10/2022, pending in the Court of Chief Judicial Magistrate,

Amravati have made this application for transfer of the said D.V. Act

proceeding from the Court of Chief Judicial Magistrate Court,

Amravati to the appropriate Court at Partur, Distict Jalna. The

applicant No.1 is the husband of the respondent. The applicant Nos.2

and 3 are the relatives of the applicant No.1. On account of dispute

between the husband and wife they got separated. The respondent

has taken shelter at the house of her sister and brother-in-law at

Amravati. It is the case of the respondent that she was subjected to

domestic violence by the applicants. She, therefore, filed a case under

Section 12 of the Protection of Women from Domestic Violence Act,

2005 (in short, "the DV Act"). The applicants appeared in the said

proceeding and filed their reply. The said proceeding is now posted

for recording the evidence of the parties.

J-cri.appln.112.22.odt 3/5

5. In this application made for transfer it is the case of the

applicants that they are required to travel from Partur to Amravati to

attend this case. They are finding it very difficult. The applicant No.1

is a senior citizen and suffering from old age ailments. The applicant

No.3 is also senior citizen. It is stated that the respondent is residing

with her parents at Partur. It is submitted that only with a view to

harass them she has filed the proceeding in the Court of Chief Judicial

Magistrate at Amravati.

6. This application has been opposed by the respondent. In

her reply she has reiterated the allegations made in the DV Act

application. It is her contention that she has been residing with her

sister and brother-in-law at Amravati. Her father has expired. The

other members of her parental family are not on good terms with her.

Therefore, she has taken shelter at the house of her sister. It is

contended that the transfer of proceeding from Amravati to Partur

would cause inconvenience to her. According to her, the facts stated

in the application are not sufficient to grant the application.

7. I have heard learned Advocate of the parties. Perused the

record and proceeding.

8. It is undisputed that the DV Act proceeding is pending at

Amravati. According to the respondent, she has been residing with J-cri.appln.112.22.odt 4/5

her sister and brother-in-law at Amravati. No material has been

placed on record by the applicants to rebut this contention at this

stage. The fact, therefore, remains that the respondent has been

residing at Amravati. It is to be noted that if the case is transferred

from Amravati to Partur then the applicants would be required to

attend the Court regularly. The respondent is also senior citizen. It is

further pertinent to note that considering the nature of the proceeding

the applicants may not be required to regularly attend the Court. In

such a case parties are required to attend the Court at the stage of

evidence. Similarly, considering the video conferencing facility

available in the Courts the applicants can make a request for

appearance through video conferencing to lead the evidence via video

conferencing. It is not the case of the applicants that there is no video

conferencing facility and their prayer to that effect has been rejected.

In my view, if the convenience and inconvenience sought to be placed

on record by parties is properly appreciated, it would show that the

inconvenience caused to the respondent would be greater than the

inconvenience to the applicants. In this view of the matter, the

application deserves to be rejected.

9. The application is rejected.

10. The liberty is granted to the applicants to apply before the J-cri.appln.112.22.odt 5/5

Court to appear and lead evidence through video conferencing. As

and when such application is made, the learned Judge shall consider it

liberally.

11. The learned Advocates for the parties submits that the

matter is ripe up for hearing and, therefore, the learned Chief Judicial

Magistrate may be requested to dispose of it expeditiously.

12. In view of this prayer, the hearing of the application is

expedited.

13. Learned Chief Judicial Magistrate is requested to dispose

of the matter expeditiously and in any case within three months from

today.

(G.A. Sanap, J.)

okMksns

Signed By:DEVENDRA WASUDEORAO WADODE PA to the Hon'ble Judge

Signing Date:18.02.2023 10:58