Bombay High Court
Sayeeda Khatun W/O Mirza Galib Beg ... vs Mirza Galib Beg Rahim Beg on 9 March, 2021
Bench: Swapna Joshi
1 19.MCA. NO.1037-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 1037 OF 2019
1. Sayeeda Khatun w/o. Mirza Galib Beg,
Aged 50 years, Occ. Household,
2. Nisar Alias Atif Mirza Galib Beg,
Aged 16 years,
Minor through natural guardian
mother Applicant No.1 Sayeeda
Khatun w/o. Mirza Galib Beg,
3. Firoz Khan Ali Khan
Aged 45 years, Occ. Labour work
All R/o. Iftekhar Plot, Akot,
Tq. Akot, Dist. Akola .. APPLICANTS
...Versus...
Mirza Galib Beg Rahim Beg
Aged 53 years, Occ. Business,
R/o. Tunki, Tq. Sangrampur,
Dist. Buldhana. ..NON-APPLICANT
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Shri P.S. Gawai, Advocate for the Applicants.
None for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 09th MARCH, 2021.
ORAL JUDGMENT :-
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2 19.MCA. NO.1037-2019 JUDGMENT.odt
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
applicants.
2. Non-applicant is absent though served on
06.02.2020.
3. By this Application, the applicant/wife seeks
transfer of Guardian Wards Case No.16/2019 instituted by the
non-applicant/husband, pending on the file of District Judge-2
& Additional Sessions Judge, Khamgaon, District Buldhana to
the Court of District Judge-1, Akot, District Akola.
4. The marriage was solemnized between the applicant
and non-applicant on 10.01.1997 at Akot, District Akola. Out of
the said wedlock, they have one male child aged about 18 years.
After the marriage, the applicant No.1 was ill-treated by the
non-applicant. It is alleged that the non-applicant drove the
applicant repeatedly out of his house. It is further alleged that
the non-applicant ill-treated the applicant No.1 and she was
again driven out of his house on 01.07.2019 and since then the
applicant No.1 is residing with her parents at Akot and taking
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3 19.MCA. NO.1037-2019 JUDGMENT.odt
care of applicant No.2.
5. Shri Gawai, the learned counsel for the applicants
submitted that the applicant No.1 has filed the proceedings
under Section 12, 18, 19, 20 & 24 of the Protection of Women
From Domestic Violence Act, 2005 vide O.M.C.C. No. 298/2019
before the Judicial Magistrate First Class, Akot, District Akola.
6. It is submitted that the non-applicant has filed the
proceedings for getting custody of applicant No.2 under Section
25 of the Guardian and Wards Act vide Guardian and Wards
Case No. 16/2019, which is pending in the Court of District
Judge-2 & Additional Sessions Judge, Khamgaon, District
Buldhana.
7. Learned counsel for the applicants submitted that
the applicant No.1 is aged about 52 years and the applicant
No.2 is taking education in Akot, and therefore, it is not possible
for her to attend the proceedings at Khamgaon, District
Buldhana, as it is 70 kms. away from Akot, District Akola. It is
also submitted that the applicant No.1 is a parda nashin lady
and she is not keeping a good health, and therefore, it is
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4 19.MCA. NO.1037-2019 JUDGMENT.odt
difficult for her to attend the Court proceedings at Khamgaon,
District Buldhana. It is submitted that, due to the said reasons,
the proceedings be transferred from Khamgaon to Akot.
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
filed the petition against her.
9. Considering the aforesaid facts and circumstances, it
would be just and proper to transfer Guardian Wards Case
No.16/2019, pending on the file of District Judge-2 &
Additional Sessions Judge, Khamgaon, District Buldhana to the
Court of District Judge-1, Akot, District Akola.
ORDER
i. Misc. Civil Application No. 1037/2019 is allowed.
ii. The proceedings bearing Guardian Wards Case
No.16/2019, pending on the file of District
Judge-2 & Additional Sessions Judge, Khamgaon,
District Buldhana, are transferred to the Court of
District Judge-1, Akot, District Akola.
5 19.MCA. NO.1037-2019 JUDGMENT.odt
iii. Parties to appear before the Court of District
Judge-1, Akot, District Akola on 01.04.2021.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
