Rufina Naaz Arshad Attar v. Arshad Harun Attar

981-MCA NO.88 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.88 OF 2022 RUFINA NAAZ ARSHAD ATTAR

VERSUS

ARSHAD HARUN ATTAR . . .

Advocate for Applicant : Mr. Balbhim R. Kedar Advocate for Respondent Sole : Mr. Yogesh D. Kale . . .

CORAM : MANGESH S. PATIL, J.

DATED : 13 JULY 2022 PER COURT :

This is an application under section 24 of the Code of Civil Procedure.

2.

I have heard the learned advocates of both the sides. 3.

The respondent has initiated a proceeding for restitution which is going on in a court at Pune, which the applicant - wife is seeking to be transferred to a court at Bhusawal.

4.

Admittedly, few other matters instituted by her are going on at Bhusawal. It is not the request of the respondent - husband to transfer those matters to Pune. He will have to go to Bhusawal to attend all those proceedings, a criminal case under section 498A etc. of Indian Penal Code, a 1/2

981-MCA NO.88 OF 2022.odt proceeding under the Protection of Women from Domestic Violence Act, 2005 and a proceeding under section 125 of the Code of Criminal Procedure. 5.

Instead of making both of them commute between the two places, it would be appropriate and convenient for both of them to prosecute/defend all these matters together at one place, by taking necessary precaution to avoid possible hardship to the respondent.

6.

The application is allowed.

7.

The proceeding bearing Petition No.A/48 of 2022, pending on the file of the Family Court at Pune is transferred to the Civil Judge Senior Division at Bhusawal for decision in accordance with law. 8.

All the courts taking up different matters between the parties at Bhusawal shall, as far as possible, list all these matters on the same date. 9.

Parties shall appear before the Civil Judge Senior Division at Bhusawal on 30.07.2022.

( MANGESH S. PATIL, J.) Tandale/- 2/2