Shabana Yasmin Alias Mariyam Shaikh W/O Zuber Rubab Husain Shaikh v. Zuber Rubab Husain Shaikh

{1} mca194.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 194 OF 2021 Shabhana Yasmin @ Mariyam Shaikh Applicant

Versus

Zuber Rubab Husain Shaikh Respondent Mr. K. B. Jadhav, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st December, 2022.

PC :

Leave to correct prayer clause "B" by mentioning "learned Family Court, Parbhani" instead of "learned Civil Judge, Senior Division, Parbhani".

Heard learned Counsel for the applicant.

The respondent, despite service, remained absent. The applicant is seeking transfer of Petition No. P.B/49 of 2019 fled by the respondent-husband for getting divorce, from the Family Court, Pune to the Family Court at Parbhani.

The learned Counsel for the applicant-wife

{2} mca194.21.odt submits that she has also fled proceedings under Protection of Women from Domestic Violence Act, 2005 against the respondent at Parbhani where the respondent is yet to appear. According to him, distance between Pune to Parbhani is more than 300 Kms and, therefore, it would be highly diffcult for the applicant to attend the dates at Pune. Therefore, considering the convenience of the applicant-wife, especially when she is not having any independent source of income, following order is passed: (i) Misc. Civil Application is hereby allowed.

(ii) The Petition No. P.B./49 of 2019 is transferred from the Family Court, Pune to Family Court, Parbhani, for disposal according to law.

(ii) The respondent is directed to appear before the Family Court, Parbhai, on or before 02nd January, 2023. (SANDIPKUMAR C. MORE) JUDGE adb