Bombay High Court
HAJRA BEGUM W/O SHAIKH SHAHNAWAZ AND ANR.versusSHAIKH SHAHNAWAZ S/O SHAIKH CHAND PASHA
- Disposal
- DISPOSED OFF
Holding
The petition is transferred from the Family Court, Latur to the Family Court, Nanded.
Summary
The wife (applicant) sought transfer of her husband’s petition (No. 73/2026) from the Family Court at Latur to the Family Court at Nanded, citing that their two‑year‑old son resides with her and that related proceedings under the Protection of Women from Domestic Violence Act, 2005 and a maintenance petition are already pending in Nanded. The husband (non‑applicant) opposed the transfer. The court, noting the child’s residence and the convenience of consolidating related matters, allowed the transfer despite the opposition and also permitted the husband to appear via video‑conferencing if he so applies. The court further directed the concerned courts to endeavour to schedule all related cases on the same date for the husband’s convenience. The application for transfer was therefore granted.
Issues considered
- Whether a petition pending before one Family Court can be transferred to another Family Court on the ground of the child’s residence and pending related proceedings.
Legislation cited
Subjects
- transfer of jurisdiction
- family court
- child custody
- domestic violence
- video conferencing
- procedural law
Judgment
2026:BHC-AUG:42553
918.mca.126.26.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.126 OF 2026
(Hajra Begum w/o Shaikh Shahnawaz and anr. Vs. Shaikh Shahnawaz s/o Shaikh Chand Pasha)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. A.A. Muzammil, Advocate for the applicants.
Mr. A.A. Joshi, Advocate h/f Mr. S.V. Natu, Advocate for the non-applicant.
CORAM:- ROHIT W. JOSHI, J.
DATED :- SEPTEMBER 16, 2026.
The present application is filed seeking
transfer of petition No.73/2026, filed by the
non-applicant/husband, from the Family Court, Latur to
the Family Court, Nanded.
2. Admittedly, the son of the parties, who is
around 2 years of age, is staying with the applicant/wife.
Apart from this, proceedings under the Protection of
Women from Domestic Violence Act, 2005 bearing case
No.PWDVA 20/2026 and petition No.E-141/2025 filed for
maintenance instituted by the wife, are pending before the
competent courts at Nanded.
3. Having regard to the aforesaid facts which
are not in dispute, and more importantly to the fact that
minor child, who is 2 years old, is staying with the
applicant/wife, the transfer application is allowed,
although it is very vehemently opposed by the learned
Counsel for the non-applicant/husband by directing that
918.mca.126.26.odt 2
petition No.A-73/2026 pending before the learned Judge,
Family Court, Latur be transferred to the learned Family
Court, Nanded.
4. In the event, the non-applicant/husband
makes an application for appearance through video-
conferencing, the same may be considered favorably and
permission to appear through video-conferencing may be
granted on such dates and at such stages as is deemed
appropriate by the learned Family Court, Nanded.
5. The learned Courts before whom the
proceedings instituted by the wife and the one which is
now being transferred are pending are requested to
consider posting all the cases on the same date, so that it
will be convenient for the respondent/husband to attend
the same. The Court is aware that it may not always be
possible to grant the same date in all four matters.
However, the learned Courts are requested to make an
endeavour to assign same date in all four cases.
(ROHIT W. JOSHI, J.)
*Donge
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