Allowed

Nilofar Sayeed Khan v. Sayeed Khan Khader Khan

Bombay HC18 Apr 2013MCA/39/2012

Case brief

AI extract

What is this about?

Allowed a transfer of matrimonial proceedings from the Family Court, Aurangabad, to the Civil Judicial Judge (Senior Division) at Ambejogai, citing the applicant's inability to afford travel expenses over a 230-km distance and the need for expedited disposal.

What did the court decide?

Transfer of the proceedings pending before the Family Court, Aurangabad, to the Court of C.J.S.D. Ambejogai, District Beed.

Nilofar Sayeed Khan Vs Sayeed Khan Khader Khan — Matrimonial and Divorce | Bombay HC (2013)

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mca39.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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MISC. CIVIL APPLICATION NO. 39 OF 2012

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Nilofer w/o Sayeed Khan ...Applicant

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versus

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Sayeed Khan Khader Khan

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...Respondent

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Mr. A.R. Sayyed h/f Mr. G.R. Syed, advocate for the applicant Mr. Shaikh Ashpaq Patel, advocate for respondent

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CORAM : S. S. SHINDE, J. DATED : 18^th APRIL, 2013

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PER COURT :-

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Heard learned counsel for the parties.

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This Misc. Civil application is filed seeking transfer of proceeding

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of petition No. A-46 of 2012 pending before the Family Court, Aurangabad to the learned C.J.S.D. Ambejogai, Tq. Ambejogai, District Beed.

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The principal ground stated in the application is that the distance between Aurangabad to Ambejogai is approximately 230 kilometers. It is further submitted that the applicant has no any independent financial source to travel from Ambejogai to Aurangabad and back journey.

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mca39.12

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Relying on the grounds taken in the application, the applicant sought for transfer of proceeding of petition No. A-46 of 2012 pending before the Family Court, Aurangabad to the learned C.J.S.D. Ambejogai, Tq. Ambejogai, District Beed.

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On the other hand, learned counsel appearing for the respondent submits that this application is devoid of any merits and the same may be rejected.

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Upon careful perusal of contents in the application, in my opinion, on the undisputed position that the distance between Aurangabad to Ambejogai is approximately 230 kilometers and as stated by the applicant, it is inconvenient for her to travel from Ambejogai to Aurangabad and back to attend the proceeding and in view of the fact that the applicant has no independent financial source to meet out the expenses required for travelling, the application deserves to be allowed. Hence, application is allowed in terms of prayer clause "B" and disposed of.

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The Family Court Aurangabad to take necessary steps to transfer proceeding of petition No. A-46 of 2012 pending before it to the court of learned C.J.S.D. Ambejogai, Tq. Ambejogai, District Beed, within a week from the date of receipt of this order.

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mca39.12

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Since the proceeding arises out of matrimonial dispute, it is

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desirable that the competent court at Ambejogai shall hear and dispose of the proceeding, as expeditiously as possible, however, within eight months from today.

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( S. S. SHINDE, J. )

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rlj/

Nilofar Sayeed Khan v. Sayeed Khan Khader Khan

Case brief

What is this about?

What did the court decide?

Nilofar Sayeed Khan v. Sayeed Khan Khader Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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