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2024 Supreme(Bom) 345

MADHAV J. JAMDAR
Sonika Vishnudas Kadam – Appellant
Versus
Vishnudas Haribhau Kadam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nikhil D. Patil, Advocate
For the Respondent: Mr. Mainak Adhikary, Ms. S. S. Kaushik, Adv

JUDGMENT :

1. Heard Mr. Patil, learned Counsel appearing for the Applicant, Mr. Adhikary, learned Counsel who has instructions to appear for the Respondent Nos.1 to 6 and Ms. Kaushik, learned APP appearing for the Respondent-State.

2. This is a Criminal Application filed under Section 407 (1)(c) of the Code of Criminal Procedure, 1973 (“CrPC”). The Applicant is seeking the following substantive prayer:-

    “a. This Hon’ble Court be pleased to transfer the Cri M.A. No. 17 of 2017 pending before Jt, Civil Judge Junior Division and Judicial Magistrate First Class, Junnar to Ld. Judicial Magistrate First Class, Thane.”

3. It is necessary to set out certain factual aspects before considering the rival submissions :-

    i. The marriage between the Applicant and the Respondent No.1 was solemnised on 26th April 2016 at Ghatkopar, Mumbai. The Applicant after marriage resided with the Respondent No.1 and his family members at Room No.4, Shivsagar Rahivasi Sangh Chawl No.13, Barve Nagar, Ghatkopar (W) Mumbai 400 084.

ii. As per the contention of the Applicant-Wife, the Applicant was ousted from her matrimonial house on 18th September 2016. The Applicant filed a Criminal M. A. No.17 of 2017 under Section

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