Pathan Tasneem Kausar Tarbej Ahmed v. Tarbej Ahmed Faij Ahmed Khan

1 M.C.A. 112.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 112 OF 2015 Pathan Tasneem Kausar W/o Tarbej Ahmed ..... APPLICANT V E R S U S Tarbej Ahmed Faij Ahmed Khan ..... RESPONDENT .....

Mr. C.R.Deshpande, Advocate for Applicant.

.....

CORAM : T.V.NALAWADE, J.

DATE : 13th OCTOBER, 2015 ORDER :- 1.

The application is filed for transfer of R.C.S. No. 33/2015, which is filed for restitution of conjugal rights by the respondent/husband and it is pending in the Court of the Civil Judge [Jr.Division], Yawal, Dist. Jalgaon.

2.

The applicant/wife has contended that she has filed proceeding for divorce against the respondent/husband and also one criminal case is filed against him, which are pending in the court at Nandurbar. She has contended that she has to take care of her old mother and as the distance between Yawal and

2 M.C.A. 112.2015 Nandurbar is around 200 Kms., she may face difficulty in going to the Court at Yawal.

3.

Notice of criminal case is given to the respondent, but nobody has turned up. In view of the aforesaid contentions and as two proceedings are pending in the court at Nandurbar, now third proceeding is transferred to the same court. The new court to see that the date of the transferred matter is given, which is given in other two proceedings.

4.

So, present Misc. Civil Application is allowed. R.C.S. No. 33/2015 is transferred from Yawal court to the court of Civil Judge [Jr.Division], Nandurbar. The new court to see that the date is fixed as per the convenience of both the sides and as per the date fixed in other proceedings in the court at Nandurbar. The new court to see that fresh notice is issued to the husband at court expenses.

[T.V.NALAWADE, J.] KNP/M.C.A. 112.2015