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Bombay High CourtMCA/197/2024disposed off

Mrs. Shazia Fahed Shaikh Nee Shazia Rashid Khan v. Fahed Abdul Hameed Shaikh

2023-03-23Hon'Ble Shri Justice S. M. Modak2 pages

13-WP-217-2023.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.217 OF 2023 Shazia Fahed Shaikh nee ] Shazia Rashid Khan ] w/o Fahed Abdul Hameed Shaikh ] Petitioner Vs.

Fahed Abdul Hameed Shaikh ] Husband of Shazia Fahed Shaikh ] Respondent .....

Ms. Manpreekt Kaur i/b Falcon Legal, for Petitioner. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.J.

DATE : 23rd MARCH, 2023.

P.C.

1.

Heard learned Counsel for the petitioner-wife. 2.

Learned Counsel for the petitioner submits that the respondent-husband has filed a petition bearing No. A - 493 of 2022 for restitution of conjugal rights in the Family Court at Nashik under Section 291 of the Islamic Marriage Act against the petitioner-wife, which according to the learned Counsel is kept for recording evidence ex-parte.

3.

Pending the present petition seeking transfer of the said petition from Family Court Nashik to Family Court, Bandra, there shall be ad-interim relief in terms of prayer clause (d). SHRIKANT HALKUDE Date: 2023.03.23 18:18:12 +0530 SHAILAJA SHRIKANT HALKUDE

13-WP-217-2023.doc 4.

Issue notice to the respondent returnable on 6th April, 2023. 5.

The petitioner to serve the respondent-husband with private notice and shall file affidavit of service before the next date. 6.

It is made clear that the petition may be disposed of finally, at the stage of admission, subject to availability of time. [PRITHVIRAJ K. CHAVAN, J.]