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Bombay High Court

PAWAN PRAKASH BADGUJARversusPRIYANKA PAWAN BADGUJAR

Decided
Disposal
Disposed Off

Holding

The application for transfer is dismissed as it cannot be entertained, with liberty to re‑file before the Aurangabad bench.

Summary

The Applicants filed an application under Section 447 of the Bharatiya Nagrik Suraksha Sanhita, 2023 seeking to transfer a Protection of Women from Domestic Violence (PW DV) case (Application No.94 of 2021) from the Jalgaon magistrate court to the Pune magistrate court. The Respondent No.1 highlighted a related Miscellaneous Civil Application concerning a divorce petition that had been withdrawn with liberty to re‑file before the Aurangabad bench of the same High Court. The judge held that, in view of the withdrawal and the preliminary objection raised, the present transfer application could not be entertained and dismissed it. However, the Applicants were permitted to file a fresh application before the Aurangabad bench. The order dismissed the current application.

Issues considered

  • Whether an application under Section 447 B.N.S.S. for transfer of a PW DV case can be entertained after a related civil application was withdrawn.
  • Whether the preliminary objection raised by the Respondent precludes the transfer application.

Legislation cited

Subjects

  • transfer of jurisdiction
  • domestic violence
  • preliminary objection
  • application dismissed
  • B.N.S.S. Section 447

Judgment

       Priyanka                                      22-appln-51-2026.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                  CRIMINAL APPLICATION NO.51 OF 2026


Pawan Prakash Badgujar & Ors                            …Applicants
      Versus
Priyanka Pawan Badgujar & Ors                           …Respondents


Mr. Abhijit Devkhile, for the Applicants.
Mr. Vikas Shivarkar a/w Mufeez Ansari for the Respondent No.1.
Mr. Mayur Sonavane, APP, for the State.


                        CORAM           N.R. BORKAR, J.
                        DATED:          17th September 2026
PC:-


1.       By this Application under Section 447 of Bharatiya Nagrik

Suraksha Sanhita, 2023 (B.N.S.S.), the Applicants seeks transfer of

P.W.D.V. Application No.94 of 2021, filed by Respondent No.1

under the provisions of Protection of Women from Domestic

Violence Act, from the Court of J.M.F.C., Jalgaon, where it is at

present pending to the Court of J.M.F.C., Pune.



2.       Learned counsel for Respondent No.1 has drawn my

attention to the Order passed by this Court dated 2 nd July, 2026 in




                                   Page 1 of 2
                              th
                            17 September 2026
     Priyanka                                    22-appln-51-2026.odt


Miscellaneous Civil Application No.14 of 2026. The said

Miscellaneous Civil Application was filed by the Applicant No.1-

Husband for transfer of the Divorce Petition from the Family Court

at Jalgaon to the Court of competent jurisdiction at Pune.



3.     In view of the preliminary objection taken by the Respondent

No.1-Wife, the said Miscellaneous Civil Application was withdrawn

with liberty to file an Application before the Bench of this Court at

Aurangabad. In that view of the matter, the present Application

cannot be entertained and the same is dismissed.



4.     However, it would be open to the Applicants to file the

Application before the Bench of this Court at Aurangabad.



                                                 (N.R. BORKAR, J.)




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                          17 September 2026


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