JUDGMENT :

K.K. Sonawane, J.

1. The applicant-husband, invoking remedy under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), preferred these applications seeking relief to get transferred the proceedings bearing Cr.M.A. No. 101 of 2018 filed under Section 125 of Cr.P.C. and the proceedings bearing P.W.D.V. No. 15 of 2018 filed under Section 12 of the Protection of Women From Domestic Violence Act, 2005, on behalf of respondent-wife, pending before the learned Judicial Magistrate, First Class, Hingoli to any other competent Court of learned Magistrate at Lonar or Sindhkhed-Raja or any competent Court in Buldhana District.

2. The points in controversy in both these applications are identical and rest on one and the same legal issue of "residence" of the respondent-wife, for territorial jurisdiction of the learned Magistrate to entertain the proceedings, and therefore, both these allied applications are taken up for its adjudication on merit, simultaneously, by this Common Judgment.

3. It has been contended that, the applicant and respondent are husband and wife. Their marriage was solemnized on 08-05-2015 at Lonar, District Buldhana. After marriage, the respondent-wife joined the family of applicant-husband for cohabitation at her matrimonial home located at Shendarjan, Taluka Sindhkhed Raja, District Buldhana. According to respondent-wife, initially she received good treatment from her husband and inmates of the matrimonial home for about two to three months of her marriage. But, thereafter, she was subjected to maltreatment on account of flimsy reasons. The respondent-wife also came to know that her husband has an illicit relationship with one woman and on that count also she was being mentally and physically maltreated and harassed by her husband. There was also unlawful demand of money on the part of her husband and inmates of the matrimonial home. They insisted the respondent-wife to bring money from her parents. The respondent-wife was subjected to cruelty. She was being abused and beaten up by her husband and other members of the matrimonial home. The continuous mental and physical torture resulted into not keeping good health by the respondent-wife. Meanwhile, she was admitted in the hospital for mental trauma. Eventually since 28-09-2016, the respondent-wife started residing with her parents. The applicant-husband did not make any provision for her maintenance. The circumstances constrained her to approach to the learned Magistrate, Hingoli and filed criminal proceeding under Section 125 of Cr.P.C. for grant of subsistence allowance. The respondent-wife also simultaneously preferred complaint under Section 12 of the Protection of Women From Domestic Violence Act, 2005, before the learned Magistrate at Hingoli, for relief against the husband and other inmates of her matrimonial home.

4. In response to the notices, the applicant-husband appeared in both the proceedings before the learned Magistrate and raised objections about territorial jurisdiction of the learned Magistrate to entertain both the proceedings filed under Section 125 of Cr.P.C. as well as under Section 12 of the Protection of Women From Domestic Violence Act, 2005. The applicant-husband preferred application (Exhibit-8) in the proceeding under Section 125 of Cr.P.C. and the application (Exhibit-16) in the proceedings filed under Section 12 of the Protection of Women From Domestic Violence Act, 2005, filed by respondent-wife. The learned Magistrate dealt with both the applications filed on behalf of applicant-husband in regard to his objections about territorial jurisdiction of the learned Magistrate to entertain the proceedings. After hearing both parties, the learned Magistrate found reluctant to favour the applicant-husband to get the proceedings dismissed for want of jurisdiction or in the alternative to issue directions to respondent-wife to present both the proceedings before the competent Court for trial in accordance