Bombay High Court
Tamanna Shah Javed Shah vs Javed Yususf Shah on 17 February, 2021
Bench: Swapna Joshi
1 17.MCA. NO. 811-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 811 OF 2019
Tamanna Shah Javed Shah,
Age- 25 years, Occ. Household,
R/o-C/o. Irfan Shah Karim Shah,
Near Jama Masjid, Walgaon,
Tq. And Dist. Amravati. .. APPLICANT
...Versus...
Javed Yusuf Shah,
Age-28 years, Occ. Service,
R/o-C/o. Yusuf Shah, T-34, Sagar
Kutir Sangh & Bunglow, Behind
HDFC Bank, Andheri (W), Versova,
Mumbai, Maharashtra 400 061. ..NON-APPLICANT
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Shri S.B. Gandhe, Advocate for the Applicant.
None for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 17th FEBRUARY, 2021.
ORAL JUDGMENT :-
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
applicant.
2. Non-applicant/husband is absent though served.
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2 17.MCA. NO. 811-2019 JUDGMENT.odt
3. By this Application, the applicant/wife seeks
transfer of Petition No. A-1131/2019 instituted by the non-
applicant/husband, pending on the file of Family Court at
Bandra, Mumbai to the Family Court at Amravati.
4. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized between
the applicant and non-applicant on 09.05.2017 at Village
Walgaon, Taluka and District Amravati as per the Muslim rights
and customs prevailing in their society. Out of the said wedlock,
they have one female child aged about 2 years. After the
marriage, the applicant started residing with the non-applicant
and his parents at their matrimonial house at Mumbai.
Ultimately, the non-applicant drove the applicant out of his
house and since then the applicant is staying with her parents at
Village Walgaon, Taluka and District Amravati.
5. Shri Gandhe, the learned counsel for the applicant,
submitted that the applicant has filed proceedings under the
provisions of the Domestic Violence Act before the learned Chief
Judicial Magistrate, Amravati vide P.W.D.V.A. No. 23/2019,
which is pending on the file of Judicial Magistrate First Class
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3 17.MCA. NO. 811-2019 JUDGMENT.odt
No.8, Amravati. It is further submitted that even the
proceedings under Section 125 of the Code of Criminal
Procedure filed by the applicant, is pending before the Judicial
Magistrate First Class No. 17, Amravati, vide Cri. M.A. No.
2/2019.
6. In the meantime, the non-applicant has filed a
petition against the applicant before the Family Court at Bandra,
Mumbai vide Petition No. A-1131/2019 under Section 281 of
the Mohammedan Law for restitution of conjugal rights.
7. Shri Gandhe, the learned counsel for the applicant
submitted that the applicant is staying at the mercy of her
parents at Village Walgoan, Taluka & District Amravati which is
at a distance of 600 kms., from Mumbai and she is unable to
attend the Court proceedings with her small child, so also she is
not in a financial condition to attend the Court proceedings at
Mumbai.
8. The Hon'ble Apex Court in the case of Sumita Singh
vs. Kumar Sanjay and another, reported in AIR 2002 SC 396
has observed that the wife's convenience must be considered in
matrimonial proceedings, particularly when the husband has
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4 17.MCA. NO. 811-2019 JUDGMENT.odt
filed the petition against her.
9. Considering the aforesaid facts and circumstances, it
would be just and proper to transfer Petition No. A-1131/2019,
pending on the file of Family Court at Bandra, Mumbai to the
Family Court at Amravati.
ORDER
i. Misc. Civil Application No. 811/2019 is allowed.
ii. The proceedings bearing Petition No.
A-1131/2019, pending on the file of Family Court
at Bandra, Mumbai are transferred to the Family
Court at Amravati.
iii. Parties to appear before the Family Court at
Amravati on 05/03/2021.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
