Bombay High Court
Rakhi Sitaram Pawara vs Sitaram Vijay Pawar on 13 August, 2025
2025:BHC-AUG:21921
appln-55-2025.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 55 OF 2025
Rakhi Sitaram Pawara
C/o Appa Singh Paware,
Aged: 31 years, Occ: Household,
R/o 52, Tirupati Nagar, Devpur
Tq. and Dist. Dhule. ..Applicant
Versus
Sitaram Vijay Pawara
Aged: 36 years, Occ: Service,
R/o CPWD Quarter No. 112,
Type III, block -2, Seninary Hill,
Nagpur. Tq and Dist. Nagpur ..Respondent
...
Advocate for Applicant : Mr. A.T. Jagtap
Advocate for Respondent : Mr. Neelam A. Biala
...
CORAM : S. G. CHAPALGAONKAR, J.
RESERVED ON : JULY 01, 2025
PRONOUNCED ON : AUGUST 13, 2025
ORDER :
-
1. Present application is filed under Section 407 of Criminal
Procedure Code seeking transfer of Criminal Misc. Application No.61
of 2022 pending before Family Court at Nagpur to Family Court at
Dhule.
2. Mr. A.T. Jagtap, learned advocate appearing for applicant
submits that applicant married with respondent/husband in the year
2011. However, they got separated through decree of dissolution of
marriage by mutual consent. Respondent/husband has filed R.D.
No.89 of 2022 and MANRJE No.05 of 2023 before Family Court at
Nagpur. Similarly, the respondent/husband has filed Criminal Misc.
appln-55-2025.odt
Application No.61 of 2022 under Section 340 (1) r/w Section 195 (B)
of Criminal Procedure Code, 1973 before learned Family Court at
Nagpur. The respondent alleges that applicant is guilty of
manipulation of record and accordingly seeks to initiate legal
proceeding under Section 340 (1) r/w 195 (B) of Criminal Procedure
Code. According to Mr. Jagtap, aforesaid proceeding is initiated only
with an intention to harass the applicant. The applicant is residing
along with her parents at Deopur, District Dhule. The proceeding is
initiated by respondent at Nagpur. The distance between Deopur to
Nagpur is almost 600 kms and being a lady, it would be difficult for
applicant to travel to Nagpur and attend the proceeding instituted by
husband. He would therefore urge to transfer the aforesaid
proceeding to Family Court at Dhule.
3. Ms. Neelam A. Biala, learned advocate appearing for
respondent strenuously opposed the application and submits that
matrimonial disputes between the parties were filed and decided at
Nagpur. The applicant participated in all such proceedings. Further
looking to the nature of dispute, it is desirable that the learned Family
Court at Nagpur proceeds further and dispose of both the
proceedings.
4. Having considered submissions advanced, it can be
observed that applicant and respondent had filed proceedings for
divorce by mutual consent and same has been disposed of vide order
appln-55-2025.odt
dated 19.09.2019. While disposing of the proceeding of divorce,
directions are given as regards to permanent custody of minor son
namely Dhruv. Although initial custody was kept with
applicant/mother, terms were revised. The MANRJE No.05 of 2023 is
filed by respondent/husband under Section 152 and 153 of Civil
Procedure Code seeking correction in judgment and decree (Exhibit
10 and 11) with a prayer for rectification of judgment and decree
particularly clauses regarding custody of minor.
5. It is therefore apparent that the matrimonial dispute
between the parties have been dealt with and decided by Family
Court at Nagpur. Even some proceedings were instituted before the
High Court, Bench at Nagpur. The applicant has attended all such
proceedings without any difficulty. She has never sought transfer of
such proceedings. It is true that applicant/wife has instituted PWDVA
No.429 of 2022 after decree of dissolution of marriage passed by
mutual consent before learned Judicial Magistrate First Class, Dhule.
However, that itself cannot be a ground to entertain the prayer for
transfer.
6. Although it is trite that in matrimonial disputes,
convenience of wife has to be given precedence, in facts of present
case, when main proceedings are already entertained and decided by
Family Court at Nagpur and applicant/wife has participated in such
proceedings, application for initiation of criminal proceeding or action
appln-55-2025.odt
under Section 340 of Criminal Procedure Code need not be
transferred to Dhule.
7. In result, the application stands rejected.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
