Shaikh Mohammad Ayub S/O. Shaikh Yusuf And Others v. Tasbiya D/O. Shaikh Mohammad Ayub U/G. Of Real Mother Sameena W/O. Shaikh Mohammad Ayub And ANR

Cri.Appln.No.841/2020 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.841 OF 2020 Shaikh Mohammad Ayub s/o Shaikh Yusuf & ors.

... APPLICANTS

VERSUS

Shaikh Tasbiya d/o Shaikh Mohammad Ayub & anr.

... RESPONDENT .......

Mr. Avinash N. Patil, Advocate for applicants Mr. A.R. Lukhe, Advocate for respondents .......

CORAM :

R.G. AVACHAT, J.

DATE : 12th APRIL, 2023 PER COURT :

Heard. By this application, the proceedings under the Protection of Women from Domestic Violence Act (Domestic Violence Act) are sought to be transferred from the Court of Judicial Magistrate, First Class, Ambad, District Jalna to the Court of Judicial Magistrate, First Class, at Sailu or Manwat, District Parbhani.

2.

The applicants herein are husband and in-laws of respondent No.2. The record indicates the respondents to have

Cri.Appln.No.841/2020 :: 2 ::

been residing residing at Ambad. The Court of Ambad has, therefore, jurisdiction to entertain the application. Since the application under Section 12 of the Domestic Violence Act is not of criminal nature, the applicants are hereby granted permanent exemption from appearing before the Court concerned dealing with the said application, provided they are duly represented by an Advocate and interim applications, if any, and the main matter is taken to logical conclusion within a period of one year from the date of receipt of this order. The trial Court may direct any of the applicants to remain present before it, if required for progress of the matter.

3.

The application stands disposed of.

(R.G. AVACHAT, J.) fmp/-