Ayesha Tanveer Syed Saquib vs Syed Saquib Ahraruddin Syed Tareq
2016 Latest Caselaw 6971 Bom

                                              1                     MCA-99.16.doc




                                                                               
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            BENCH AT AURANGABAD




                                                      
               MISCELLANEOUS CIVIL APPLICATION NO 99 OF 2016




                                                     
     Ayesha Tanveer w/o Syed Saquib Ahraruddin
     Age 29 years, occupation : Doctor,
     R/o At present c/o Shaikh Haroon Moinoddin,
     Farooque Nagar, Hingoli Naka, Nanded                       .. Applicant




                                         
                      versus
                             
     Syed Squib Ahraruddin s/o Syed Tareq,
     Age 30 years, occup. Doctor,
     R/o Himayatnagar, Near Ayesha Masjid,
     HUDCO, Aurangabad                                          .. Respondent
                            
                  ----
     Mr. R. M. Jade, Advocate holding for Mr.
     G.G. Suryawanshi, Advocate for applicant
     Mr. Y. M. Khan, Advocate for respondent
      


                                   CORAM :        SUNIL P. DESHMUKH, J.

                                   DATE   :       6th December, 2016


     ORAL JUDGMENT:





     1.       Rule. Rule made returnable forthwith.               Heard learned

counsel for parties finally by consent.

2. Learned counsel for the applicant states that applicant has

filed proceedings before family court at Nanded for restitution of

conjugal rights bearing petition no. A 31/2016 and yet another

proceedings before the Judicial Magistrate, First Class, Nanded,

under Domestic Violence Act.

2 MCA-99.16.doc

3. It is further being contended, although applicant has taken

education upto B. A. M. S. , yet she is searching for job and as

such there is no source of income worth the name. Learned

counsel further submits that the respondent is a medical

practitioner and is serving at Mukhed in Nanded district, which is

at a distance of about 80 kilometers from Nanded.

                                           
     4.       In the circumstances, according to learned counsel,                   the

     proceedings             
                          initiated   by   respondent    in    family

Aurangabad for restitution of conjugal rights bearing Petition no.

court at

A 40/2016 are mischievous and are filed for causing harassment

to the applicant. He further submits that even otherwise, since

respondent is working at Mukhed, it would be convenient for him

to attend the proceedings at Nanded.

5. Learned counsel Mr. Y. M. Khan, although purports to resist

the application, yet he is not in a position to seriously challenge

veracity of contentions of the applicant and contends that the

proceedings at Aurangabad are not with a view to harass the

respondent and are not mischievous proceedings.

6. In any case, both the parties have instituted proceedings

for restitution of conjugal rights respectively at Nanded and

Aurangabad, and applicant being residing at Nanded and

respondent being working in Nanded district, it would be

3 MCA-99.16.doc

expedient that the proceedings by the respondent in family court

at Aurangabad are transferred to family court at Nanded.

7. In view of aforesaid, miscellaneous civil application stands

allowed. Rule made absolute in terms of prayer clause (B).

Miscellaneous civil application stands disposed of.

SUNIL P. DESHMUKH, JUDGE

pnd