Amreen Fatema Saeed Khan Pathan v. Saeed Khan Pathan Yaseen Khan Pathan

2026:BHC-AUG:10876 ( 1 ) 939 mca 379.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 MISC.CIVIL APPLICATION NO. 379 OF 2025 AMREEN FATEMA SAEED KHAN PATHAN

VERSUS

SAEED KHAN PATHAN YASEEN KHAN PATHAN .....

Advocate for Applicant : Mr. Umesh Gangadhar Mitkari Advocate for Respondents : Mr. Hande Avinash D. .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

13.03.2026 P.C.:- 1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the non-applicant at length. 2.

By the present application, the applicant/wife is seeking transfer of petition No.A-200/2025 from the file of learned Family Court, Nanded to the file of learned Family Court, Parbhani, wherein other matrimonial proceedings bearing nos.E-84/2025 and Petition No.A-176/2025 are pending. It is a matter of record that, on 20.03.2016 the marriage between the applicant and non-applicant was solemnized as per the customs and rites prevailing in their society. Out of wedlock they are blessed with male child who is now aged 9. However, due to matrimonial discord the applicant/wife

( 2 ) 939 mca 379.25 filed Petition No.E-84/2025 and Petition No.A-176/2025 before the learned Family Court, Parbhani, whereas ,the non-applicant husband has filed Petition No.A-200/2025 before the Family Court, Nanded and prayed for dissolution of marriage. Admittedly, the applicant is a pardanashin lady and she cannot travel from her village Ukhlad Dist. Parbhani to Nanded without support of any male family member form her parental side, whereas, the non-applicant can travel from Nanded to Parbhani the distance between these two places is 74 kms. So also, the non-applicant can also appear through the video conferencing. Therefore, considering the case N.C.V. Aishwarya V/s. A.S. Saravana Kartik Sha; 2022 SCC OnLine SC 1199, I am inclined to grant present application and proceed to pass the following order: ORDER:

i.

MCA No.379/2025 is allowed.

ii.

Petition No.A-200/2024 is hereby withdrawn from the file of Family Court, Nanded and it is transferred to the file of Family Court, Parbhani. iii.

The Non-applicant/husband is permitted to appear through the video conferencing unless if physical appearance is not required. iv.

This order be communicated to both the Courts below. [Y.G. KHOBRAGADE, J.] mubashir