Rubina Vasim Shaikh v. Vasim A. Wahid Shaikh

43.116.21. mca.odt ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 116 OF 2021 RUBINA VASIM SHAIKH ....APPLICANT V/s.

VASIM A. WAHID SHAIKH .....RESPONDENT Mr. A. A. Maniyar Advocate for the Applicant None for Respondent CORAM :

NITIN W. SAMBRE, J.

DATE:

FEBRUARY 22, 2022.

P.C.:

1) Though served, none appears for the non-Applicant. 2) Transfer of proceedings being Civil M.A. No. 645/2020 pending on the file of District Court, Pune is sought to Family Court, Solapur. My attention is invited to proceedings under Protection of Women from Domestic Violence Act, 2005 being PWDVA No. 201/2020 pending on the file of Chief Judicial Magistrate, Solapur. 3) I am informed that one way distance between Solapur and Pune is 256 Kms, as such, Applicant will be required to travel 1/2

43.116.21. mca.odt around 500 Kms. to attend the proceedings at Pune both way. 4) Since the ground of hardship is not resisted. The fact that Domestic Violence Act proceedings are pending at Solapur. As such to avoid recording of overlapping findings on same set of facts and evidence in both these cases, case for transfer is made out. In that view of the matter, Application is allowed in terms of prayer clause (a) which reads thus:

"(a) this Hon'ble Court may kindly be pleased to order and direct to transfer the Civil Misc Application No. 645 of 2020 pending before the District & Session Court, Shivaji Nagar, Pune to Family Court Solapur, at Solapur."

[NITIN W. SAMBRE, J.] 2/2