Bombay HC: We can't trivialise Criminal Offence under Sec.498A IPC by equating it with other Matrimonial Disputes

Team SoOLEGAL 11 Mar 2022 8:21pm

Bombay HC: We can't trivialise Criminal Offence under Sec.498A IPC by equating it with other Matrimonial Disputes

NEW DELHI:The High Court of Bombay has ruled that criminal proceedings are not akin to matrimonial disputes and that transfers cannot be made for the convenience of the wife.

When dealing with an application made under Section 407 of the Code of Criminal Procedure,1973for tranfer of trial proceedings for offences under Section498A of the Indian Penal Code,1860 Justice AS Kilor's single-judge bench mentioned that while the law emphasises the convenience of a wife when dealing with matrimonial disputes, criminal cases cannot be equated with matrimonial cases.

The appellant had urged the matter be transferred due to her financial situation, poor health, and imminent danger to her life.

The respondent opposed, claiming that the appellant's position in a criminal case is relatively limited, and that she is not required to attend the case on a regular basis.

He also asserted that the case in Nagpur is not a matrimonial proceeding, such as a divorce petition or a maintenance application, or a domestic violence proceeding, but rather a criminal case, and that the two cannot be treated equally.

The Court reached the following conclusion based on Supreme Court precedent, "The criminal case cannot be equated with the matrimonial proceedings as the criminal case is on somewhat different footing. In a criminal case, the consequences of non-appearance of accused would be quite drastic and thus, the said consequences cannot be ignored while considering the request of transfer of criminal trial to Akola, for her convenience."


Tagged: Bombay HC   Criminal Offence   Indian Penal Code  
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