1. Heard. Admit. Heard finally with consent of both the sides. Perused record.

2. The present petitioner has filed these proceedings under Section 407 and 482 of the Criminal Procedure Code requesting for transfer of Misc. Criminal Case No. 158 of 2013 pending before the Judicial Magistrate, First Class (Court No. 3) Khamgaon, Dist. Buldhana to Jamner, District Jalgaon.

3. The petitioner claims that the respondent is wife of the petitioner. Both are residents of Neri Digar, Taluka Jamner District Jalgaon and had resided there as a couple. There has been matrimonial discord and parties are now living separate. The respondent prosecuted the petitioner for offence punishable under section 498-A of the Indian Penal Code on the basis of FIR registered at Jamner. The petitioner filed a petition under section 9 and 13(B) (4) of the Hindu Marriage Act for dissolution of Marriage and the same is pending before the learned Civil Judge, Senior Division, Jalgaon. According to the petitioner, the respondent, with a view to harass the petitioner and his old age parents, has filed Misc. Criminal Case No. 158 of 2013 at Khamgaon under the Protection of Women from Domestic Violence Act, 2005. The said petition has been filed at Khamgaon with an intention to harass and humiliate the petitioner and his parents although no cause of action has arisen at Khamgaon or within the jurisdiction of Court at Khamgaon. The respondent is resident of Neri Digar, Taluka Jamner District Jalgaon. After marriage, the parties resided at Neri Digar, marriage had also taken place at Neri Digar and whatever discord took place was also at Neri Digar Taluka Jamner. The distance between Jamner and Khamgaon is more than 200 kms. It is argued that earlier section 125 Cr.P.C. proceeding filed by the respondent at Khamgaon, the petitioner was unable to defend and was decided in his absence. Thus, the petitioner claims transfer of the criminal case to Jamner.

4. Counsel for the petitioner submitted, in support of the petition as above, that the respondent is resident of Neri Digar and no cause of action has arisen at Khamgaon. The counsel referred to the contents of the criminal complaint filed before JMFC (Court No.3) Khamgaon wherein, in the cause title, after the name of the complainant, address is shown as “C/o Prabhakar Devrao Patil”. It is submitted that the said person Prabhakar Devrao Patil is maternal uncle of the respondent.

5. The counsel relied on the decision of this Court in the case of Bayabaialias Vijubai Vinayak Sarve & ors. Vs. Pushpabai Hiralal Sarve & another reported in 2003 Bom.C.R. (Cri.) 1597. The counsel submitted that in that matter, the case to be transferred was filed at Bhusawal. Petition was filed at Nagpur Bench of this High Court to transfer the same to Tiroda. It was held that High Court, Bench at Nagpur had the jurisdiction to transfer the case from Bhusawal to Tiroda. The counsel also referred to the facts of that matter to show that the High Court had considered that when the cause of action was not spelt out at Bhusawal, transfer to Tiroda was justified. Reliance was also placed on the decision of Supreme Court in the case of EluriRaji Reddy & ors. Vs. State of Delhi and another, reported in (2004) 3 Supreme Court Cases 479, where the Hon’ble Supreme Court noticed that husband had filed proceedings for divorce at Andhra Pradesh and the wife filed maintenance proceedings at New Delhi. The parents of wife were residing at Andhra Pradesh where she also had a house. The Hon’ble Supreme Court found it appropriate that the matter be transferred from New Delhi to Andhra Pradesh.

6. The counsel for the petitioner referred to the documents at Exh.B, which are certificates from Police Patil and Sarpanch of Neri Digar to show that the respondent is resident of Neri Digar. Copy of the election identity card has also been filed, which shows that the respondent was residing at Neri Digar. Copy of the Voters List-2013 relating to Neri Dig