Lawstreet Journal

Criminal cases can't be equated with matrimonial proceedings: Bombay High Court Rejects Transfer Plea

Lawstreet Journal 10 Mar 2022 10:35pm

Image courtesy: Lawstreet Journal Judiciary Criminal cases can't be equated with matrimonial proceedings: Bombay High Court Rejects Transfer Plea

The said order came on an application seeking transfer of proceedings filed by a wife of an accused in a matrimonial cruelty case. 

Shital Aditya Jibhkate V. State of Maharashtra & Ors

The Nagpur Bench of the Bombay High Court recently rejected an application filed for transfer of trial proceedings from Nagpur to Akola for offenses under 498 A of the Indian Penal Code, 1860. 

Although the law prioritizes the convenience of the wife while dealing with the matrimonial disputes, Justice AK Kilor was of the view that the criminal case cannot be equated with matrimonial proceedings. 


“In a criminal case, the consequences of non-appearance of the 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," the single judge stated.

Section 498-A of the Indian Penal Code deals with punishments for the offense of a husband and/or his kin subjecting the wife to cruelty.

The applicant moved the application citing financial, medical and jurisdictional difficulties. She submitted that since she is unemployed, she does not earn any income. Adding health issues to the application. 

She claimed that she was advised bed-rest by a doctor on account of having suffered a miscarriage in March last year. Her plea also stated that since three connected matrimonial matters were pending at the Akola court, the criminal proceeding ought to be transferred for the sake of her convenience.

Further, she alleged that her life was under threat and placed reliance… Continue Reading...

Tagged: Bombay High Court  
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