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2019 Supreme(Bom) 1828

K.K.SONAWANE
Shrikrushna – Appellant
Versus
Sangita – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vitthal M. Chate
For the Respondents: D.M. Shinde

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, t

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