Bombay High Court
Ku. Rajul Rahul Shinde, Thr. Next Friend ... vs Rahul Rajan Shinde on 17 April, 2023
Author: G.A. Sanap
Bench: G.A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Misc. Criminal (APPLN) Application No.05 OF 2022
Ku. Rajul Rahul Shinde,
Aged about 10 years,
Occupation : Education
through next friend Pundlik Sakharam Dhoke
maternal Grand father,
Aged about 69 years,
Occupation : Agriculturist,
R/o. Ravinagar, Galli No.1,
Paratwada, Tq. Achalpur,
Distt. Amravati. : APPLICANT
...VERSUS...
Rahul Rajan Shinde,
Aged about 38 years,
Occupation : Business,
R/o. 604, A Wing,
Sarita Sangam Apartment,
Kasar Wadi, Old Mumbai Highway, Pune,
Tq. & Distt. Pune. : NON-APPLICANT
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Mr. V.A. Kothale, Advocate for Applicant.
Non-applicant in-person.
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With
Misc. Civil Application (Transfer) No.364 OF 2022
Ku. Rajul Rahul Shinde,
Aged about 10 years,
Occupation : Education
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through next friend Pundlik Sakharam Dhoke
maternal Grand father,
Aged about 69 years,
Occupation : Agriculturist,
R/o. Ravinagar, Galli No.1,
Paratwada, Tq. Achalpur,
Distt. Amravati. : APPLICANT
...VERSUS...
Rahul Rajan Shinde,
Aged about 38 years,
Occupation : Business,
R/o. 604, A Wing,
Sarita Sangam Apartment,
Kasar Wadi, Old Mumbai Highway, Pune,
Tq. & Distt. Pune. : NON-APPLICANT
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Mr. V.A. Kothale, Advocate for Applicant.
Non-applicant in-person.
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CORAM : G.A. SANAP, J.
DATE : 17.04.2023.
ORAL JUDGMENT :
1. The applicant has filed Misc. Criminal (APPLN) Application No.05/2022 for transfer of Misc. Criminal Application No.1307/2015 (filed under the provisions of the Protection of Women from Domestic Violence Act, 2005) (in short, "D.V. Act") pending on the file of Judicial Magistrate, First Class, Panvel to the Court of Judicial Magistrate, First Class, Achalpur or any competent Court at Achalpur. ::: Uploaded on - 11/05/2023 ::: Downloaded on - 16/06/2023 23:19:19 :::
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The applicant has filed Misc. Civil Application (Transfer)
No.364/2022 for transfer of Civil Misc. Application No.649/2020, pending on the file of Joint Civil Judge, Senior Division, Panvel to the Court of competent jurisdiction at Achalpur.
2. The applicant is the daughter of non-applicant. Mother of the applicant (wife of non-applicant) died during pendency of proceeding on the file of Civil Judge Senior Division filed for revocation of succession certificate, obtained in the name of Ku. Rajul Rahul Shinde-applicant and Rahul Rajan Shinde non-applicant. In the D.V. Act proceeding the name of the applicant was brought on record after the death of her mother. Her maternal grand-father is now shown as her next friend. It is stated that the applicant is residing with grand-parents at Paratwada. The applicant is minor. Her grand- parents are old. It is difficult for the applicant and her grand-parents to attend the said proceeding pending in the Court at Panvel. It is submitted that, therefore, on account of this inconvenience likely to be caused to them, both the proceedings are required to be transferred to the Court of competent jurisdiction at Achalpur.
3. The non-applicant has filed his reply and opposed the applications. It is contended that after the death of his wife name of his daughter was brought on record by making an application behind ::: Uploaded on - 11/05/2023 ::: Downloaded on - 16/06/2023 23:19:19 ::: J-appln5.22 & mca364.22.odt 4/6 his back. He was not given notice of the same. It is further stated that no case has been made out for transfer of both these proceedings.
4. I have heard leaned Advocate for the applicant and non-applicant in-person. Perused the record and proceedings.
5. The non-applicant has stated that the order passed in D.V. Act proceeding whereby the name of applicant was brought on record in place of his deceased wife has been challenged by him. It is to be noted that till date no order has been passed in the said proceeding. The fact, therefore, remains that both these proceedings are pending in the Court at Panvel. The applicant has been residing with her grand-parents at Paratwada. In the proceeding maternal grand-father of the applicant is shown as her next friend. There is hardly any dispute by the non-applicant about the stay of applicant with maternal grand-parents at Paratwada.
6. The non-applicant has some reservations about the stay of the applicant with her grand-parents at Paratwada. In my view, the same cannot be gone into in this proceeding. In this proceeding the Court has to see the present stage of the proceeding and position parties to the proceeding. The applicant is a party in both the proceedings. The non-applicant is the opponent in both the proceedings. In order to attend the proceedings at Panvel the ::: Uploaded on - 11/05/2023 ::: Downloaded on - 16/06/2023 23:19:19 ::: J-appln5.22 & mca364.22.odt 5/6 applicant, who is minor would be required to travel with her grand- father from Achalpur to Panvel. The Court in the transfer proceeding has to see the convenience as well as inconvenience of both parties. The non-applicant is doing service at Pune. The applicant is staying with her maternal grand-parents at Achalpur. Both the proceedings where the applicant is a party are required to be prosecuted by her. Her grand-father is shown as her next friend. It appears that father and daughter are fighting against each other.
7. In my view, keeping all the above facts in mind it would be just and proper to allow both the applications and transfer both the proceedings pending in the Court at Panvel to the Court of competent jurisdiction at Achalpur. Accordingly, both the applications are allowed.
8. The Misc. Criminal Application No.1307/2015 pending on the file of Judicial Magistrate, First Class, Panvel be transferred to the Court of Judicial Magistrate, First Class, Achalpur.
9. Similarly, Civil Misc. Application No.649/2020, pending on the file of Joint Civil Judge, Senior Division, Panvel be transferred to the Court of Civil Judge Senior Division, Achalpur.
10. The Principal District Judge, Alibagh shall withdraw both these proceedings in terms of this order and shall transfer the same to ::: Uploaded on - 11/05/2023 ::: Downloaded on - 16/06/2023 23:19:19 ::: J-appln5.22 & mca364.22.odt 6/6 the Principal District Judge, Amravati.
11. The Principal District Judge, Amravati shall assign the matters to the competent Courts at Achalpur.
12. Applications are disposed of.
(G.A. Sanap, J.) okMksns ::: Uploaded on - 11/05/2023 ::: Downloaded on - 16/06/2023 23:19:19 :::