Shamshad Parveen W/O Shaikh Aslam v. Shaikh Aslam Shaikh Rahim

2025:BHC-NAG:719 1 27.mca.512.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 512/2024 Shamshad Parveen w/o. Shaikh Aslam Vs.

Shaikh Aslam Shaikh Rahim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Hariom Dhage, Advocate for Applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 23/01/2025.

.

The applicant has filed this application to seek transfer of the proceedings for restitution of conjugal rights filed by the non-applicant bearing R.C.S. No.13/2024 pending before the Civil Judge, Junior Division, Karanja, District Washim to the Civil Judge, Junior Division, Patur, District Akola.

2.

The learned Counsel for the applicant has stated that the applicant is staying with her daughter, who is 3 years of age at Patur, District Akola, which is 92 kilomiters away from Karanja, District Washim. There are three different proceedings pending before the Patur Court filed by the applicant. The non-applicant attends all the matters in Patur Court. The applicant has no earning source and residing at the mercy of parents. Therefore, it is not possible for her to attend the Court at Karanja. Hence, prayed to transfer the proceedings from Civil Judge, Junior Division, Karanja, District Washim to the Civil Judge, Junior Division, Patur, District Akola.

2 27.mca.512.24 3.

Though the non-applicant is duly served, failed to appear in this matter.

4.

It appears from the record that already three proceedings are pending at Patur Court, the non-applicant has filed the petition for restitution of conjugal rights before the Karanja Court. To avoid any conflicting decision and inconvenience caused to the applicant, the proceedings bearing R.C.S. No.13/2024 pending before the Civil Judge, Junior Division, Karanja, District Washim is hereby transferred to the Civil Judge, Junior Division, Patur, District Akola.

5.

There shall be no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule