MISC.CIVIL Application No. 144 of 2024 · Bombay High Court
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Cause title
918 mca 144.24IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD918 MISC.
CIVIL APPLICATION NO. 144 OF 2024
ASNA ANJUM W/O KAZI MOHAMMAD FARHANODDIN FARUQUI
VERSUS
KAZI MOHAMMAD FARHANODDIN FARUQUI S/O KAZI MOHAMMAD AZIZODDIN FARUQUI…..Advocate for Applicant :
Mr. Kishor Taur h/f. Vishal A. Bagal PatilAdvocate for Respondents : Mr. Mohammad Naseer A.…..
CORAM : Y.G. KHOBRAGADE, J.DATE :10.02.2026P.C.:-1.Heard both the sides at length. Perused the application. 2. By the present application, the applicant/wife is seeking transferof Petition No.PA-150/2022 from the file of the learned Family Court, Parbhani to the file of the learned Family Court, Jalna. 3. On perusal of record, it appears that on 11.09.2020 the marriage(Nikah) between the applicant and non-applicant was solemnized as perMuslim customs and rites. Both the parties are obviously governed under theprovisions of principle of Mohammedan Law as well as the provisions of Muslim Personal Law (Shariat) Application Act, 1937. Out of said wedlockthey have no issues. After marriage for initial some days she was maintained ( 2 ) 918 mca 144.24and treated well but subsequently she was subjected to cruelty and domesticviolence at the hands of the non-applicant. Lastly, she was driven out of hermatrimonial house and was compelled to stay at her parental house. Thereafter, non-applicant has filed proceeding bearing PA-150/2022 beforethe Family Court, Parbhani and prayed for decree of dissolution of marriage. According to the applicant, she being a Muslim pardanashin lady and isunable to travel from Jalna to Parbhani alone. Therefore, for her convenienceshe prayed for transfer of the said proceedings from learned Family CourtParbhani to learned Family Court, Jalna. 4. The learned counsel appearing for the non-applicant has stronglyopposed the application on the ground that there is transportation facilitiesbetween Jalna and Parbhani. So also, the non-applicant is ready and wiling tobear the transportation charges. Hence, prayed for dismissal of theapplication. 5. No doubt, the applicant is a major but being a pardanashin ladyshe may face problem and inconvenience to travel from Jalna to Parbhanialone. Though, the non-applicant has shown willingness to pay thetransportation charges, however, there is no facilities available at Parbhani forlodging and boarding for the applicant/wife. Therefore, considering theparamount interest of the applicant/wife, it would be just and proper to ( 3 ) 918 mca 144.24withdraw the matrimonial proceeding no. PA-150/2022 from the file oflearned Family Court, Parbhani and transfer it to the file of the learned FamilyCourt, Jalna6.In view of above, I am inclined to grant the present applicationand proceed to pass the following order:
ORDER:
i)MCA No.144/2024 is hereby allowed.ii)Petition No. PA-150/2022 is hereby withdrawn from the file of learnedFamily Court, Parbhani and it is transferred to the file of learned FamilyCourt, Jalna.iii)The copy of this order be communicated to both the Courts below. [Y.G. KHOBRAGADE, J.] mubashir
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