Saba Salmankhan Pathan v. Salmankhan Daulatkhan Pathan

2026:BHC-AUG:7339 931-MCA-340-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 MISC.CIVIL APPLICATION NO. 340 OF 2025 SABA SALMANKHAN PATHAN

VERSUS

SALMANKHAN DAULATKHAN PATHAN ....

Mr. Sujit D. Koli, Advocate for the Applicant ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : February 18, 2026 PER COURT :- 1.

Heard Mr. Koli, the learned counsel for the applicant, at length.

2.

Despite service, the non-applicant failed to appear in the matter.

3.

By the present application under Section 24 of the Code of Civil Procedure, the applicant / wife is seeking transfer of Regular Civil Suit No.200 of 2025, filed under Section 281 of Muslim Personal Law, by the non-applicant for restitution of conjugal rights and pending on the file of learned Civil Judge, Junior Division, Shrirampur, to the file of learned Family Court, Aurangabad.

(( 2 )) 931-MCA-340-2025 4.

On perusal of the application, I have satisfied that the applicant has made out substantial and bona fide grounds for transfer of Regular Civil Suit No.200 of 2025 from the file of learned Civil Judge, Junior Division, Shrirampur, to the file of learned Family Court, Aurangabad.

5.

In view of above discussion, the present application deserves to be allowed. Hence, I proceed to pass the following order:-

O R D E R

(i) The Miscellaneous Civil Application is allowed. (ii) Regular Civil Suit No.200 of 2025 is hereby withdrawn from the file of learned Civil Judge, Junior Division, Shrirampur and it is transferred to the file of learned Family Court, Aurangabad.

(iii) This order be communicated to both the Courts. [ Y. G. KHOBRAGADE, J. ] SMS