Bombay High Court
ISHWARLAL GIRDHARLAL POPALI AND ANOTHERversusSANGITA AJIT POPALI
- Disposal
- DISPOSED OFF
- Bench
- Y G KHOBRAGADE
Holding
The court allowed the transfer of the criminal applications to the Chief Judicial Magistrate, Dhule, under Section 407 CrPC, directing the applicants to pay the wife’s travel expenses.
Summary
The applicants, senior relatives of the husband, filed a miscellaneous civil application under Section 407 of the CrPC seeking transfer of Criminal Application No. 3878 of 2022 (filed under Section 31 of the Protection of Women from Domestic Violence Act) from the Chief Judicial Magistrate, Akola to the Chief Judicial Magistrate, Dhule. The non‑applicant (the wife) opposed, invoking Section 27 of the DV Act which vests jurisdiction with the Akola magistrate and argued the proceeding is quasi‑civil and does not require the applicants’ physical presence. The court examined the parties’ circumstances, noting that the wife already travels 300 km to attend a related criminal trial in Dhule and that the applicants were willing to bear travel expenses. Relying on a Supreme Court decision emphasizing the wife’s convenience in transfer matters, the court held that transfer would not prejudice the wife and would serve justice. Accordingly, the application was allowed, both the 2019 and 2022 criminal applications were withdrawn from Akola and transferred to Dhule, and the applicants were ordered to pay Rs 5,000 per hearing to the wife for lodging, boarding and travel.
Issues considered
- Whether Section 407 of the CrPC permits transfer of a criminal application filed under the Protection of Women from Domestic Violence Act from one magistrate’s jurisdiction to another.
- Whether the jurisdiction conferred by Section 27 of the DV Act on the Akola magistrate can be overridden by a transfer order.
- Whether the convenience of the wife (non‑applicant) outweighs the inconvenience of the elderly applicants in deciding transfer.
- Whether the applicants can be directed to bear the non‑applicant’s travel and lodging expenses.
Legislation cited
- Code of Criminal Procedure — s. 407
- Indian Penal Code, 1860 — s. 306, 34
- Protection of Women from Domestic Violence Act — s. 12, 27, 31
Subjects
- transfer of criminal proceedings
- Section 407 CrPC
- Protection of Women from Domestic Violence Act
- jurisdiction
- elderly litigants
- procedural fairness
- court expenses
Judgment
2026:BHC-AUG:10566
55-MCA-166-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
55 MISC.CIVIL APPLICATION NO. 166 OF 2025
ISHWARLAL GIRDHARLAL POPALI AND ANOTHER
VERSUS
SANGITA AJIT POPALI
.…
Ms Karishma Sanjay Sarin, Advocate for the Applicants
Mr. Balraj P. Pande, Advocate for the Respondent
.…
CORAM : Y. G. KHOBRAGADE, J.
DATE : March 09, 2026
PER COURT :-
1. Heard the learned counsel for the applicants and the
learned counsel for the non-applicant.
2. By the present application under Section 407 of the
Code of Criminal Procedure, the applicants are seeking transfer of
Criminal Application No.3878 of 2022 from the file of learned
Chief Judicial Magistrate, Akola to the file of learned Chief
Judicial Magistrate, Dhule.
3. On face of record, it prima facie appears that the
present non-applicant has filed Criminal Application No.3378 of
2022 (Sangita Ajit Popali Vs. Anjanabai Ishwarlal Popali and
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others) under Section 31 of the Protection of Women from Domestic
Violence Act and prayed for protection against the present applicants
and the said proceeding is pending before the learned Chief Judicial
Magistrate, Akola.
4. The learned counsel for the applicants canvassed that the
informant Harishkumar Ishwarlal Popali, had lodged F.I.R. No.216 of
2019 with Dhule City Police Station on 05.06.2019, alleging that Shri
Ajit Ishwarlal Popali, the brother of the present applicant No.4 and
the husband of present non-applicant had committed suicide on
30.05.2019 by leaving suicide note in the name of present applicant
and her father Amarlal Sonumal Katariya. Accordingly, the offence is
registered against the present non-applicant and her father for the
offence under Section 306 read with 34 of I.P.C. and trial of said
crime is pending before the learned Sessions Court, Dhule. So also,
the present non-applicant is regularly attending the Sessions trial.
However, she has filed a proceeding bearing Criminal Application No.
3878 of 2022 before the learned Chief Judicial Magistrate, Akola, just
to harass the present applicants. It is further canvassed that
applicant Nos. 1, 2 and 3 are 80, 78 and 66 years old, respectively,
and other applicants except applicant Nos. 4, 5, 7, 8 to 13 and 16 to
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17, are above 60 years old. Whereas, the non-applicant is aged about
45 years old well educated and she is already travelling from Akola to
Dhule to attend the Sessions trial, prayed for transfer of Criminal
Application No3878 of 2022 from the file of learned Chief Judicial
Magistrate, Akola to the file of learned Chief Judicial Magistrate,
Dhule. It is further canvassed that the applicants are ready and
willing to pay transportation, lodging and boarding charges as may be
permissible.
5. Per contra, the non-applicant has filed reply and strongly
opposed the application. The learned counsel for the non-applicant
canvassed that the present non-applicant is residing at Akola at her
paternal house. After committing suicide by her husband and due to
raising domestic violence, the non-applicant has filed Criminal
Application No.3878 of 2022 under Section 31 of Protection of
Women from Domestic Violence Act. Therefore, as per the provisions
of Section 27 of the D.V. Act, confirmed the jurisdiction upon the
Judicial Magistrate, First Class at Akola. So also, in earlier round of
litigation, the present non-applicant had also filed Criminal
Miscellaneous Application No.1814 of 2019 before the learned
Judicial Magistrate, First Class, Akola. It is further canvassed that the
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proceeding under Section D.V. Act is of civil quasi nature and there is
no necessity for appearance of the applicants in the said proceeding
on each and every date. However, the applicants can conduct the
matter through their counsel and only on the day of their evidence
any one can travel from Dhule to Akola. Therefore, prayed for
rejection of the application.
6. Having regard to the submissions canvassed on behalf of
both the parties, I have gone through the record. It is not in dispute
that the marriage between the non-applicant and her husband Ajit,
the son of applicant Nos. 1 and 2, was solemnized on 11.02.2009 as
per the customs and rites prevailing in their society at Dhule. After
marriage, the non-applicant cohabited with her husband in the joint
family along with the present applicants at Dhule. However,
subsequently, the relations between the non-applicant and her
husband and his relatives, became strained. It is a matter of record
that on 05.06.2019, Crime No.216 of 2019 was registered against the
present non-applicant and her father with Dhule city police station for
the offence punishable under Section 306 read with 34 of I.P.C. on
premise of committing suicide by Ajit Ishwarlal Popali, the husband
of the present non-applicant and son of the applicant Nos. 1 and 2,
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because of mental and physical torture at the hands of present non-
applicant on the basis of suicide note. It is also not in dispute that,
the trial of Crime No.216 of 2019 is pending on the file of learned
Sessions Judge, Dhule and the present non-applicant is attending the
said proceeding by travelling from Akola. It is also not in dispute that
the present non-applicant has filed Criminal Misc. Application
No.1814 of 2019 under Section 12 of the D.V. Act before the Chief
Judicial Magistrate, Akola.
7. Indeed, the learned Chief Judicial Magistrate passed an
order below Exh.14 in Criminal Miscellaneous Application No.1814 of
2019 and granted interim maintenance. Further, the non-applicant
again filed Criminal Application (PWDVA) No.3878 of 2022 and
prayed for action against the present applicants for contravention of
the protection order passed on 31.10.2020 below Exh.14 in Criminal
Miscellaneous Application No.1814 of 2019.
8. The applicant Nos.1 to 17, who are relatives of the non-
applicant’s husband. The applicants have raised a grievance that
most of the applicants are that they are more than 60 years of age.
Therefore, it is very difficult and inconvenient for them to attend the
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proceeding Criminal Application No.3878 of 2022 before the Chief
Judicial Magistrate, Akola, from Dhule.
9. Considering the law laid down in the case of N.C.V.
Aishwarya V. A. S. Saravana Karthik Sha (Civil Appeal
No.4894/2022) decided by the Hon’ble Supreme Court on
18.07.2022, wherein, in paragraph No.9, it is held as follows:-
“9. The cardinal principle for exercise of power under section
24 of the Code of Civil Procedure is that the ends of justice
should demand the transfer of the suit, appeal or other
proceeding. In matrimonial matters, wherever Courts are called
upon to consider the plea of transfer, the Courts have to take
into consideration the economic soundness of both the parties,
the social strata of the spouses and their behavioural pattern,
their standard of life prior to the marriage and subsequent
thereto and the circumstances of both the parties in eking out
their livelihood and under whose protective umbrella they are
seeking their sustenance to life. Given the prevailing socio-
economic paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at while considering
transfer."
10. No doubt, while considering the transfer of any
matrimonial proceeding from one Court to another, the convenience
of the wife/female is required to be taken into consideration.
However, in the present case, the non-applicant is already attending
the trial before the Sessions Court, Dhule, in connection with Crime
No.216 of 2019 registered for the offence punishable under Section
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306 read with Section 34 of the I.P.C. The non-applicant has not
denied the fact that she is attending the said Sessions trial from Akola
by travelling approximately 300 kms. Therefore, if the non-applicant
attends the proceedings under the D.V. Act before the Chief Judicial
Magistrate, Dhule, no prejudice would be caused to her. Since the
applicants have shown readiness and willingness to pay the required
lodging, boarding, and travelling expenses, it would be just and
proper to withdraw Criminal Application No.3878 of 2022 from the
file of the learned Chief Judicial Magistrate, Akola, and transfer the
same to the file of the learned Chief Judicial Magistrate, Dhule, for
proper trial. However, the present applicants, who are non-applicants
in Criminal Application No.3878 of 2022, shall bear the lodging,
boarding, and travelling expenses of Rs.5,000/- on each and every
date of hearing.
11. In view of the above discussion, I am inclined to grant the
present application and proceed to pass the following order:
ORDER
(i) The Miscellaneous Civil Application is allowed by
invoking Section 407 of Cr.P.C.
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(ii) Criminal Misc. Application No.1814 of 2019 and Criminal
Application No.3878 of 2022 are hereby withdrawn from
the file of learned Chief Judicial Magistrate, Akola and
both the proceedings are transferred to the file of learned
Chief Judicial Magistrate, Dhule.
(iii) The applicants shall pay Rs.5,000/- to the non-applicant
towards lodging, boarding and travelling charges while
attending the proceeding Criminal Misc.Application
No.1814 of 2019 and Criminal Application No.3878 of
2022.
(iv) The learned Sessions Court Dhule shall fix the schedule of
trial of Sessions Case No.106 of 2021 arising out of Crime
No.216 of 2019 on the day on which the schedule of
Criminal Misc.Application No.1814 of 2019 and Criminal
Application No.3878 of 2022, are fixed.
(v) This order be communicated to both the Courts.
(vi) Accordingly, the Miscellaneous Civil Application is
disposed off.
[ Y. G. KHOBRAGADE, J. ]
SMS
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