Ayesha Qamar BelimversusQamar Rafiq Belim

                                1                      928mca214.25



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

            928 MISC.CIVIL APPLICATION NO. 214 OF 2025

                        AYESHA QAMAR BELIM
                                VERSUS
                         QAMAR RAFIQ BELIM
                                    ...
      Advocate for Applicant : Mr. Jangada Suyashkumar Santosh
                                    …


                              CORAM : Y.G. KHOBRAGADE, J.
                              DATE : 28.01.2026
PER COURT :


1.          Heard the learned counsel Mr. Jangada, appearing for the

applicant at length.


2.          Though the learned counsels Ms. Sada Khatoon Shaikh, Mr.

Mohammad Azaruddin Shaikh and Mr. Abdulla B. Peerzade have filed

their Vakalatnamas on behalf of the non applicant, however, none

appeared.


3.          By the present application, the applicant-wife prays for

transfer of matrimonial proceeding bearing petition No. B-24 of 2025

pending on the file of learned Family Court, Pune to the file of learned

Family Court, Parbhani, District Parbhani.



4.          It is the contention of the applicant that, on 17.04.2019 her

marriage was solemnized with the non applicant and out of the said wed-

lock a mail child namely Raza, aged about 6 was blessed to them.
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However, she was ill-treated at the hands of the non applicant and his

family members. Ultimately, she was compelled to stay with her parents

at Parbhani. Therefore, on 12.08.2024 she lodged the First Information

Report against the present non applicant and her in-laws with Kotwali

Police station, Parbhani, for the offence punishable under Section 498-A,

323, 504, 506 r/w 34 of the Indian Penal Code. However, non applicant

with an ulterior motive has filed a petition B-24 of 2025 under the

Mohammadan Law, before the Family Court, Pune seeking a decree of

divorce.   The distance between the Pune and Parbhani is about 450

k.m., therefore, inconvenience is being causing to her to travel from

Parbhani to Pune with minor son. She is facing financial crisis and is

unable to incur expenses. However, even if she attends the proceeding

at Pune, in that event she would face lodging and boarding problem.



5.              The non applicant has not resisted the present application

for transfer.



6.              In NCV Aishwarya Vs. A.S. Sarvana Karthik Sha -2022, SCC

Online SC 1199 wherein, it has been held that:

           “9. The cardinal principle for exercise of power under
           Section 24 of the Code of Civil Procedure is that the ends
           of justice should demand the transfer of the suit, appeal
           or other proceeding. In matrimonial matters, wherever
           Courts are called upon to consider the plea of transfer,
           the Courts have to take into consideration the economic
           soundness of both the parties, the social strata of the
           spouses and their behavioural pattern, their standard of
           life prior to the marriage and subsequent thereto and the
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             circumstances of both the parties in eking out their
             livelihood and under whose protective umbrella they are
             seeking their sustenance to life. Given the prevailing
             socio- economic paradigm in the Indian society,
             generally, it is the wife’s convenience which must be
             looked at while considering transfer. ”


7.             Therefore, considering the law law laid down in above cited

case, it would be just and proper to withdraw the Petition No.B-24 of

2025 from the file of learned Family Court, Pune and it be transferred to

the file of learned Family Court, Parbhani.



8.             In view of the above discussion, the present application is

allowed.


9.             The Petition No. B-24 of 2025 pending on the file of learned

Family Court, Pune is hereby withdrawn and transferred to the file of

learned Family Court, Parbhani for trial and disposal according to law.



10.            The said order be communicated to both the Courts.




                                       ( Y.G. KHOBRAGADE, J.)




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