Smt.Zubaida Islam Chaudhary v. Shri. Islam Gafur Chaudhary

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26. MCA 294-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.294 OF 2015 Smt. Zubaida Islam Chaudhary ...

Applicant

Versus

Shri Islam Gafur Chaudhary ...

Respondent .....

Ms. Nazima Y. Malik for the Applicant.

.....

CORAM : S.C.GUPTE, J.

DATE : 8 MARCH 2017 P.C. :

.

This miscellaneous civil application seeks transfer of a matrimonial petition from the District Court at Palghar to the Family Court at Thane, where proceedings under the Protection of Women from Domestic Violence Act filed by the Applicant are pending before the Judicial Magistrate, F.C., 1st Court, Thane. Learned Counsel for the Applicant, on instructions from her client, who is present in the Court, submits that she is agreeable to have the domestic violence proceedings transferred to the Family Court at Thane, so that both Petition No.26 of 2015 and domestic violence proceedings can be heard together. There is an ad-interim order passed by this Court on 12 January 2016, which has been since continued by this Court. On the last occasion, i.e. on 1 February 2017, none appeared for the Respondent and the miscellaneous application was stood over to today's date. Even today, none appears for the Respondent. There is no reply to the miscellaneous civil application.

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26. MCA 294-15.doc On these facts, the miscellaneous civil application is allowed in terms of prayer clause (b). It is also ordered that the pending application of the Applicant under the Protection of Women from Domestic Violence Act, bearing D.V. No.268 of 2014, shall also be transferred to the Family Court at Thane, so that the two matters could be heard together. (S.C. GUPTE, J.)