Alisha Amrin @Shifa Naaz W/O Abdul Rehan Sheikh D/O Ikram Karim Sayad v. Abdul Rehan S/O Abdul Rehman Sheikh

2023:BHC-NAG:16182 928-MCA 869-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR.) NO.

OF 2023 ALISHA AMRIN @ SHIFA NAAZ W/O. ABDUL REHAN SHEIKH D/O. IKRAM KARIM SAYAD ...VERSUS...

ABDUL REHAN S/O. ABDUL REHMAN SHEIKH ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Shubhangi S. Shivrekar, Advocate for applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd NOVEMBER , 2023 DATE :

Heard the learned counsel for the applicant.

2.

In spite of service so also granting fair opportunity to the non-applicant, none appears for him.

3.

It is submitted by the applicant that she is legally wedded wife of the non-applicant. Their marriage was performed on 19/01/2022 at Mansar, Tah. Ramtek. Many articles were gifted articles at the time of marriage by the relatives of the applicant. After marriage, the applicant was not treated properly by the non-applicant and she was harassed by him.

4.

So many allegations are made in the application for the purpose of transfer. It is sufficient that, after instituting the proceedings under P.W.D.V. Act on 02/06/2023 by the applicant, the non-applicant has filed Petition bearing no. A-827/2023 for restoration of conjugal rights on 08/06/2023. It is the submission of the applicant that the non-applicant is otherwise also required to attend proceedings under P.W.D.V. Act at Ramtek.

928-MCA 869-23.odt 5.

Though I am not satisfied with the reason about the distance of 50 km. from Nagpur to Ramtek, however, considering the fact that the proceedings under P.W.D.V. Act are already pending before learned Judicial Magistrate First Class, Ramtek, it will be appropriate to transfer the proceedings bearing Petition No. A-827/2023 filed by the non-applicant pending on the file of learned Judge, Family Court, Nagpur to learned Civil Judge, Senior Division, Ramtek, District Nagpur. Accordingly, I proceed to pass the following order:-

ORDER

1) The application is allowed.

2) Petition No. A-827/2023 pending on the file of learned Family Court, Nagpur is hereby withdrawn and transfer to learned Civil Judge, Senior Division, Ramtek, District Nagpur. 3) Learned Principal Judge, Family Court, Nagpur is hereby requested to facilitate the said transfer.

4) Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar