DEEPAK KRISHNA GADDIWADD Vs. MAHADEVI DIPAK GADIWADD

JUDGEMENT

(1.) The applicant herein is seeking the transfer of RCC No. 313/2012 pending before the Chief Judicial Magistrate at Thane to the Judicial Magistrate, First Class, Ichalkaranji and further prays that the same be tried along with Misc. Application No. 128 of 2012. The facts of the case are that the applicant got married to respondent No. 1 on 30.11.2010. A discordant note had struck between the couple through a family friend Shri Bharat Vasant Shinde. Respondent No. 1 could not believe that the applicant had suffered losses in business. Due to frequent quarrels, respondent No. 1 left the house of the applicant and started residing separately. Respondent No. 1 herein is working as a lady Police Constable. She had joined the services in the year 2005. On 15.3.2012, respondent No. 1 lodged a report at Thane Nagar Police Station alleging therein that she was harassed and ill-treated by her husband soon after her marriage. Her husband had not taken her to her native village, but had taken her to the house of his friend Bharat Shinde. She was informed by her husband that he does not have any blood relations and therefore, she agreed to stay in the house of Bharat Shinde. After some days of marriage, she learnt that her husband, has mother, grandmother, sister, brother and sister-in-law and that they are residing at Sangli and further that her husband used to intermittently visit them. She accepted all his relatives. After some days, her husband started demanding money for a business purpose. She used to bear all the domestic expenses. She was abused by her husband and other members of her matrimonial family and they used to demand money from her. She subsequently learnt that her husband was previously married to Sangita Kurhade and that Sangita is the daughter of his step sister. Upon enquiry, he had informed her that he has not married to her but there is some dispute in the Court. And that is pertaining to the family property.

(2.) The applicant had filed Hindu Marriage Petition under Section 9 at Sangli seeking restitution of conjugal rights which was registered as Hindu Marriage Petition No. 134 of 2013.

(3.) Prior to that respondent No. 1 herein had approached the Court of Civil Judge, Junior Division, Ichalkaranji and filed an application under Section Domestic Violence Act, 2005 against the applicant and Bharat Shinde. The application was filed on 2.5.2012 and it is pending before the Civil judge, Junior Division, Sangli. It is a matter of record that the investigation in Crime No. 43/2012 was completed and charge-sheet was filed on 27.10.2012 and the same is registered as RCC No. 313/2012 and is pending before the chief Judicial Magistrate at Thane.