Nilofar Bano W/O Mohd. Mushtaque vs Mohd. Mushtaque S/O Sheikh Chand
2016 Latest Caselaw 4877 Bom

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                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     NAGPUR BENCH : NAGPUR




                                                                                                                                                                             
                                     MISCELLANEOUS CIVIL APPLICATION NO.731/2015




                                                                                                                                  
    Nilofar Bano w/o Mohd. Mushtaque, 
    aged about 24 Yrs., Occu. Housewife, 
    R/o Dal Oli, No.2, Opp. Quazi Masjid, 
    Kamptee, Distt. Nagpur.                                                                                                                                            ..Applicant.




                                                                                                                                 
                ..VS..

    Mohd. Mushtaque s/o Sheikh Chand, 
    aged about 33 Yrs., Occu. Business, 




                                                                                                       
    R/o Pathanpura, Ner Parsopant, 
    Tah. Ner, Distt. Yavatmal.                                       ig                                                                                  ..non-applicant.
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               Mrs. Shilpa P. Giratkar (Giripunje), Advocate for the applicant. 
               Shri Vinay Dahat, Advocate for the non-applicant.
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                                                                     CORAM :  Z.A.HAQ, J.

DATED : 24.8.2016.

ORAL JUDGMENT

1. Heard Mrs. Shilpa P. Giratkar (Giripunje), Advocate for the

applicant - wife and Shri Vinay Dahat, Advocate for the non-applicant - husband.

2. Rule. Rule made returnable forthwith.

3. The applicant - wife lodged the complaint at police Station Kamptee on

16th August, 2014 against the non-applicant - husband. The husband filed

proceedings praying for decree for restitution of conjugal rights, in the Court at Ner,

Distt. Yavatmal, on or about 16 th October, 2014. The applicant - wife filed

proceedings under the Protection of Women from Domestic Violence Act, 2005 on or

about 7th November, 2014. The non-applicant - husband has filed criminal revision

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before the Sessions Court, Nagpur challenging the interim order passed in the

proceedings initiated by the applicant - wife under the provisions of Protection of

Women from Domestic Violence Act, 2005.

The applicant - wife has filed this application under Section 24 read with

Section 151 of the Code of Civil Procedure contending that she is residing with her

parents at Kamptee and is a Pardanasheen lady and, therefore, it is not possible for

her to attend the proceedings initiated by the non-applicant - husband in the Court at

Ner. The applicant - wife has prayed that the proceedings be transferred to the Court

at Kamptee.

Considering the facts on record, I am satisfied that the prayer made on

behalf of the applicant is required to be granted.

4. Hence, the following order:

Regular Civil Suit No.37/2014 filed by the non-applicant and pending

before the Civil Judge, Junior Division, Ner is transferred to the Court of Civil Judge,

Junior Division, Kamptee.

Rule is made absolute in the above terms.

In the circumstances, the parties to bear their own costs.

JUDGE

Tambaskar.

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