Bombay High Court
Mr Manoj Nana SattyavijayversusRinku Manoj Sattyavijay
- Decided
- Disposal
- Allowed
Holding
The application is allowed and the PWDV case is ordered to be transferred from JMFC Thane to JMFC Dhule.
Summary
The applicants, Manoj N. Sattyavijay and others, filed an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transfer of a Protection of Women from Domestic Violence (PWDV) case (No. 92 of 2026) from the Judicial Magistrate First Class (JMFC) court in Thane to the JMFC court in Dhule. The court considered a prior civil transfer order dated 3 September 2025, which had moved a restitution of conjugal rights petition to Dhule on the ground of the husband’s hardship. The respondent‑wife raised a threat to her life, citing an FIR against the applicants, arguing that the transfer should not be entertained. Balancing the convenience of the parties, the court noted that the husband’s responsibilities and the earlier finding of hardship outweighed the wife’s claim of impossibility of travel, especially since the husband had undertaken to reimburse travel costs. Consequently, the court allowed the application and ordered the transfer of the PWDV case to the JMFC court in Dhule.
Issues considered
- Whether the PWDV case pending before JMFC Thane can be transferred to JMFC Dhule under Section 447 of the BNSS, 2023.
- Whether the balance of convenience and hardship to the husband justify the transfer despite the FIR alleging threat to the wife’s life.
- Whether the earlier civil transfer order is relevant to the present criminal application.
Legislation cited
Subjects
- Section 447 BNSS
- Protection of Women from Domestic Violence Act
- Transfer of criminal jurisdiction
- Balance of convenience
- FIR and threat to life
- Domestic violence
Judgment
Digitally
signed by
DINESH
DINESH SADANAND
SADANAND SHERLA
SHERLA Date:
2026.08.17
19:04:19
+0530 18-appln-214-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 214 OF 2026
Manoj N. Sattyavijay & Ors. …Applicants
V/s.
Rinku M. Sattyavijay & Anr. ...Respondents.
…………..
Mr. Ramprasad Deore a/w. Mr. Rajesh Ranglani for the Applicants.
Mr. Rajesh S. Baisane for the Respondent No.1.
Mr. Yogesh Y. Dabake, APP for the Respondent/State.
…………..
CORAM : N.R. BORKAR, J.
DATE : 17.08.2026.
P.C. :
1. Learned counsel for the applicants seeks leave to correct the
prayer clause. Leave as sought is granted. Necessary amendment
shall be carried out forthwith.
2. By this application under Section 447 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS) 2023, the applicants seek
transfer of P.W.D.V. Case No.92 of 2026, filed by respondent No.1-
wife under the provisions of Protection of Women from Domestic
Violence Act of 2005, from the file of the Judicial Magistrate First
Class (JMFC), Thane to the Court of Judicial Magistrate First Class,
Dhule.
3. I have heard learned counsel for the applicants and the
learned counsel for contesting respondent No.1-wife.
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18-appln-214-26.odt
4. Learned counsel for the applicants has drawn my attention
to the order passed by this Court dated 3 rd September 2025 in
Miscellaneous Civil Application No. 312 of 2024 and Miscellaneous
Civil Application No. 42 of 2024. It is submitted that by the said
order this Court has transferred the petition filed by respondent
No.1 for restitution of conjugal rights from the Court of Civil Judge
(S.D.), Thane to the Court of Civil Judge (S.D.), Dhule. It is
submitted that in the said order this Court has specifically
observed that directing the applicant No.1-husband to contest the
proceedings at Thane would cause him substantial hardship.
5. On the other hand, learned counsel for respondent No.1-wife
submits that there is a threat to the life of respondent No.1-wife
from the applicants. In support of the said submission, the learned
counsel for respondent No.1 has drawn my attention to the FIR
lodged by her against the applicants. It is submitted that
considering the said fact, the application may not be entertained.
5. This Court in the order dated 3rd September 2025 in
Miscellaneous Civil Application Nos. 312 of 2024 and 42 of 2024
recorded the following finding:
“14) Having regard to the totality of the facts, I
find the balance of convenience in favour of the
husband. His responsibilities towards his two young
children, his aged parents, and the management of
his livelihood are such that directing him to contest
the proceedings at Thane would cause substantial
hardship. The wife, though semi-literate and
financially constrained, has not demonstrated that
travelling from Thane to Dhule is impossible. The only
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inconvenience for the wife would be the cost of travel,
which stands adequately addressed by husband’s
undertaking to reimburse all such expenses, including those
of a companion travelling with her. In these circumstances,
it would be appropriate that the proceedings be transferred
from Thane Court to Dhule Court.”
(emphasis supplied)
6. The FIR lodged by the respondent No.1 was very much in
existence, when this Court had passed the order dated 3 rd
September 2025. In that view of the matter, I am inclined to allow
the present application. In the result, the following order is passed.
ORDER
(A) The Application is allowed.
(B) The Court of JMFC, Thane, wherein PWDV Case No. 92
of 2026 is pending, shall transfer the said case to the Court of
JMFC, Dhule.
7. The Application is disposed of.
[N.R.BORKAR, J.]
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