← Library
Bombay High CourtMCA/667/2025allowed

Alisha W/O Abdul Irshad Patel v. Abdul Irshad S/O Kuddus Patel

2026-02-11Hon'Ble Shri Justice Pravin S. Patil3 pages

2026:BHC-NAG:2544 1 66 MCA 667.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.667 OF 2025 Alisha w/o Abdul Irshad Patel, Aged about 26 years, Occupation-Nil, R/o. c/o. Abdul Latif Abdul Sattar Sheikh, Mama Chowk, Behind Chemist Bhavan, Gondia, Tah. and District-Gondia.

..

Applicant ..Versus..

Abdul Irshad s/o Kuddus Patel, Aged about 30 years, Occupation-Teacher, R/o. c/o. Kuddus Patel, Plot No.25, Indrapuri Nagar, Gorewada Ring Road Chowk, Nagpur, Tah. and District-Nagpur.

.. Non-Applicant ................

Shri Nikhil Tekade, Advocate for Applicant.

Shri Inamul Haque, Advocate for Non-Applicant. ...............

CORAM : PRAVIN S. PATIL, J.

DATED : 11.02.2026.

JUDGMENT

1.

By this application, the applicant is seeking the transfer of Petition No.A-744/2025 pending on the file of Family Court,

2 66 MCA 667.25 Nagpur to the Family Court, Gondia.

2.

The submission of the present applicant is that she is having minor child of two years old and, therefore, it is difficult for her to travel from Gondia to Nagpur. So also she has stated that due to financial crisis, it is not possible for her to bear the travelling charges.

3.

The non-applicant, who appeared in the present matter, has not disputed the fact that they have begotten child from their marriage and the custody of the child is with the present applicant. According to him, if he is given the chance to meet his child on the date when the matter is fixed before Family Court, he has no objection for the transfer of the proceeding.

4.

In the background of the submission made by the parties, it is clear that there is no impediment for transfer of the proceeding from Family Court, Nagpur to Family Court, Gondia. Accordingly, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

3 66 MCA 667.25 (2) The proceeding of Petition No.A-744/2025 is hereby transferred from Family Court, Nagpur to Family Court, Gondia.

(3) The Family Court, Nagpur is requested to transfer the record and proceeding of Petition No.A-744/2025 to the Family Court, Gondia.

(4) The Family Court, Gondia is directed to allow the present non-applicant to attend the proceeding through video conference as and when his physical attendance is not required in the matter.

(5) The Family Court, Gondia also to see whether, if permissible in the proceeding, on filing an appropriate application by non-applicant, to permit the non-applicant to give visit to his minor child, on its own merits. (Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 13/02/2026 18:58:49