Farheen Shoheb Sheikh vs Shoheb Rashid Sheikh — Domestic Violence | Bombay HC (2025)

Farheen Shoheb Sheikh vs Shoheb Rashid Sheikh — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Transfer of Regular Civil Suit No. 225/2023 from the Civil Judge Junior Division, Shevgaon, District Ahmednagar to the courts at Malegaon, District Washim, in terms of prayer clause (2), subject to the Applicant ensuring that her proceedings at Malegaon, District Washim are heard on the same day.

Issue for consideration

Whether Regular Civil Suit No. 225/2023 (restitution of conjugal rights) pending at Shevgaon, District Ahmednagar should be transferred to Malegaon, District Washim, where the Applicant's domestic violence proceedings are pending.

Court's answer

The transfer application is allowed in terms of prayer clause (2): the Applicant is unemployed with responsibility of a seven-year-old daughter, the distance between Shevgaon and Malegaon is about 350 kilometers, her contention has gone unchallenged, and since the Respondent must in any case appear before the Malegaon court for the domestic violence proceedings, no prejudice is caused to him.

Ratio / Principle

As a condition of the transfer, to ensure the Respondent/husband is not harassed by being called on different dates of hearing, the Applicant/wife shall ensure that the proceedings under the Domestic Violence Act and any other proceedings filed by her in the courts at Malegaon, District Washim are heard on the same day.

Detailed headnote1 paragraphs

Transfer of matrimonial suit — Wife-applicant (Farheen Shoheb Sheikh) sought transfer of Regular Civil Suit No. 225/2023 for restitution of conjugal rights, filed by her husband (Respondent, Shoheb Rashid Sheikh) before the Civil Judge Junior Division, Shevgaon, District Ahmednagar, to Malegaon, District Washim, where her Criminal Misc. Application No. 12/2023 under the Protection Women from Domestic Violence Act is pending before the Judicial Magistrate First Class. Grounds: the applicant has no independent source of livelihood, bears responsibility for a seven-year-old daughter, the distance between Shevgaon and Malegaon is about 350 kilometers, her contention went unchallenged, and the respondent would in any event have to appear at Malegaon, so no prejudice would be caused to him. Held: application allowed in terms of prayer clause (2), with a direction that the applicant ensure that the domestic violence proceedings and any other proceedings filed by her in the courts at Malegaon, District Washim are heard on the same day, so that the respondent is not harassed by repeated appearances. (R. M. Joshi, J.; High Court of Judicature at Bombay, Nagpur Bench; order dated June 26, 2025.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

MISC. CIVIL APPLICATION (TRANSFER) NO. 500 OF 2024

Farheen Shoheb Sheikh … APPLICANT

Versus

Shoheb Rashid Sheikh … RESPONDENT

Ms. Gulafshan Ansari, Advocate h/f Mr. Mir Nagman Ali, Advocate for Applicant. None for the Respondent.

CORAM : R. M. JOSHI, J. DATE : JUNE 26, 2025.

ORDER

. Heard Ms. Gulafshan Ansari, learned Counsel appearing for the Applicant. None appeared for the Respondent, though served.

The Applicant is wife. She seeks transfer of Regular Civil Suit No. 225/2023 pending before the Civil Judge Junior Division, Shevgaon, District Ahmednagar filed by the Respondent/husband for restitution of conjugal rights.

It is the case of the Applicant that she has no independent source

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of livelihood and has responsibility of seven years old daughter. It is further claimed that she had filed proceedings under the provisions of Protection Women from Domestic Violence Act being Criminal Misc. Application No. 12/2023 pending before the Judicial Magistrate First Class, Malegaon, District Washim.

The learned Counsel for Applicant submits that the distance between Shevgaon, District Ahmednagar and Malegaon, district Washim is about 350 kilometers. It is her contention that if the Applicant, who is unemployed and has responsibility of a minor girl is called upon to appear before the Court at Shevgaon, prejudice will cause to her defence. The contention of the Applicant has gone unchallenged. There is a proceeding filed by the Applicant against the Respondent/husband under the provisions of Domestic Violence Act at Malegaon and in any case the Respondent will have to appear before the said Court. Consequently, no prejudice will cause to him, if the Application is allowed. Hence, Misc. Civil Application stands allowed in terms of prayer clause ((2).

In order to ensure that the Respondent/husband is not harassed by the Applicant by calling him on different dates of hearing, it shall be the

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responsibility of the Applicant/wife to ensure that the proceedings under the provisions of Domestic Violence Act and any other proceedings filed by her in the Courts at Malegaon, District Washim shall be heard on the same day.

(R. M. JOSHI, J.)

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 01/07/2025 16:54:29