Rosina W/O Shailesh Borale vs Shailesh S/O Kishor Borale And 3 Others on 15 September, 2022
5. The non-applicants strenuously argued that
the proceeding under Section 498-A of the Indian
Penal Code, cannot be equated with matrimonial
proceedings and thus, mere inconvenience of wife is
not a ground. On the other hand, he has submitted
that non-applicant no. 2 i.e. the mother-in-law of the
3 17 appln 105.2021
applicant, is taking cardiac treatment at Jagjivanram
Hospital, Mumbai of which documents are produced.
More particularly, it is submitted that non-applicant
no. 3 sister-in-law of the applicant, who is widow is
suffering from Cancer for which she is taking
treatment at Tata Memorial Centre, Mumbai of which
documents are produced. The learned Counsel for the
non-applicants also relied on the decision of this Court
in Criminal Application No. 75 of 2021 (Smt. Shital
w/o Aditya Jibhkate vs. State of Maharashtra) dated
03.03.2022, wherein this Court has declined to
transfer the case similarly under Section 498-A of the
Indian Penal Code.