Shaheen Begum W/O Syed Ajaz vs Syed Ajaz S/O Syed Kamal
2016 Latest Caselaw 5226 Bom

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




                                                                         
          MISCELLANEOUS CIVIL APPLICATION NO.104 OF 2016




                                                 
     Shaheen Begum w/o Syed Ajaj                                   APPLICANT
     Age - 30 years, Occ - Household
     R/o Kalababar, Near Masjid,
     Parbhani




                                                
              VERSUS

     Syed Ajaz s/o Syed Kamal                                   RESPONDENT




                                        
     Age - 41 years, Occ - Service in
     Ayurvedic Hospital, Nanded
     R/o Near Water Tank,
     Siddhanthpuri, Chowpala,
     Nanded
                             
                            
                                 .......

Mr. Shaikh Wajeed Ahmed, Advocate for the applicant Mr. B. G. Deshmukh, Advocate for respondent .......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 8th SEPTEMBER, 2016

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally with

consent of learned advocates for the parties.

2. Learned advocate for the applicant submits that the

applicant is passing though a very lean phase of life. Her in laws

had ill-treated and ousted her and since then she is staying in

Parbhani with her age old mother. She has lost her father long

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back and is looked after by her brother, who is in service. As

such, there is no one who could escort her to Nanded, which is

at a distance of about 70 km from Parbhani. He submits that

with great difficulty she could appear in the proceedings at

Nanded and engaged an advocate, however the same has

become unbearable now and it is expensive which her economic

conditions are not permitting to undertake the expenses of the

litigation. Besides the difficulty in attending the court

proceedings, day to day, it is being submitted on behalf of the

applicant that although the respondent has given his evidence, it

will be difficult for the applicant to give evidence on her behalf.

He submits that the applicant even could not cross examine the

witness examined on behalf of the respondent and "no cross"

order has been passed. Having regard to the overbearing

position of law, she urges for transfer of proceedings to the court

at Parbhani.

3. Learned advocate for the respondent denies all the

contentions on behalf of the applicant stating that it is a matter

of day or two that the applicant would be required at Nanded. In

the circumstances, no fruitful purpose is likely to be served by

transfer of the proceedings. He further submits that the

proceedings are instituted for restitution of conjugal rights.

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4. Though learned advocate for the respondent submits so,

he is not in a position to dispute that mother of the applicant is

an age old lady and her father is no more and that a small child

is to be carried by the applicant and also further that an escort

would be required.

5. Having regard to aforesaid, and looking at the overall

situation, I deem it appropriate that the proceedings be

transferred to Parbhani and should be taken on such dates as

would be convenient to the respondent. In view of aforesaid, the

Miscellaneous Civil Application is allowed and stands disposed of.

Rule is made absolute in terms of prayer clause "B".

6. Having regard to the stage at which the proceedings are

being transferred, it is expected that the court at Parbhani would

proceed with the matter expeditiously and dispose of the same

as far as possible within a period of four months from the date of

receipt of writ of this order.

[SUNIL P. DESHMUKH, J.]

drp/mca104-16