Huma Nausheen W/O Humayun Asghar Ansari ( Huma Nausheen… — Domestic Violence | Bombay HC (2026)

Huma Nausheen W/O Humayun Asghar Ansari ( Huma Nausheen… — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Misc. Civil Application allowed; Civil Misc. Application No. 166/2024 transferred from the file of District Judge-18 and Additional Sessions Judge, Nagpur to the District and Additional Sessions Judge, Pusad, District Yavatmal; Nagpur court requested to send the R&P; parties directed to appear before the Pusad court on 16th February, 2026.

Issue for consideration

Whether the proceeding Civil Misc. Application No. 166/2024 under Section 25 of the Guardian Wards Act, pending before the District Judge-18 and Additional Sessions Judge, Nagpur, should be transferred to the District and Additional Sessions Judge, Pusad, District Yavatmal.

Court's answer

Since the proceeding filed by the Respondent/husband is for custody of the minor child, and the minor child (eight years old) resides with the Applicant at Pusad, it is convenient that the proceeding be transferred to the District and Additional Sessions Court at Pusad.

Ratio / Principle

No prejudice would be caused to the Respondent by transfer of the proceeding from Nagpur to Pusad; on the contrary, it is proper and convenient for the parties to have all the petitions decided at one station.

Detailed headnote1 paragraphs

Transfer of proceeding — Custody of minor child — Husband's Civil Misc. Application No. 166/2024 under Section 25 of the Guardian Wards Act pending before District Judge-18 and Additional Sessions Judge, Nagpur sought to be transferred to Pusad (District Yavatmal) by wife/Applicant in whose custody the eight-year-old child resides — Unopposed application; averments on affidavit uncontroverted, Respondent not appearing despite service by paper publication after orders dated 12/2/2025 and 16/12/2025 — Distance Nagpur to Pusad about 270 kms causing inconvenience to Applicant/wife travelling with minor; Applicant's parents suffering ailments — Three other proceedings between the parties already pending at Pusad (maintenance under S.125 CrPC; protection under S.12 of the Protection of Women from Domestic Violence Act; complaint under S.498-A IPC), which Respondent attends — Held: no prejudice to Respondent; proper and convenient to decide all petitions at one station — Application allowed; proceeding transferred to District and Additional Sessions Judge, Pusad; R&P to follow; parties to appear on 16.02.2026. (Paras 15-20, 22, 24-26)

2026:BHC-NAG:2116

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

MISC. CIVIL APPLICATION NO. 101 OF 2025

Huma Nausheen w/o Humayun Asghar Ansari (Name Before Marriage : Huma Nausheen d/o Ishrat Ullah Khan), Aged about : 33 Years, Occupation : Nil; R/o C/o Ishrat Ullah Khan, Hazrat Umar Farooque Marg, Vasant Nagar, Pusad, Tahsil Pusad, District Yavatmal-445204. … APPLICANT

V E R S U S

Humayun Asghar Ansari s/o Ghalib Qamar Ansari, Aged about : 37 Years, Occupation : Business, R/o In front of Ashraful Masjid, Lashkari Bagh, Nagpur. … RESPONDENT

Mr. A. Z. Mirza, Advocate for Applicant. None for the Respondent.

CORAM : PRAVIN S. PATIL, J. DATE : JANUARY 28, 2026.

ORAL JUDGMENT

. Heard Mr. A. Z. Mirza, learned Counsel for the Applicant. None appeared for the Respondent, though served.

In the present proceeding this Court, vide order dated 12/2/2025, issued notice to the Respondent. The notice was not served by the regular mode. Hence, this Court, by order dated 16/12/2025, permitted the Applicant

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to serve the Respondent by substitute service i.e. paper publication. Accordingly, the Respondent is served by way of paper publication. In this regard the documents of service effected on Respondent by the mode of substitute service are filed on record by the Applicant. However, none appeared on behalf of the Respondent in the matter.

By way of present Application, Applicant is seeking transfer of the proceeding bearing Civil Misc. Application No. 166/2024 filed by the Respondent under Section 25 of the Guardian Wards Act pending on the file of District Judge-18 and Additional Sessions Judge, Nagpur to the District and Additional Sessions Judge, Pusad, District Yavatmal.

It is the submission of the present Applicant that custody of the child, who is eight years old, is with the present Applicant. The distance between Nagpur to Pusad is around 270 kms., and therefore, it is very inconvenient for the Applicant/wife to travel such a long distance along with a minor child. It is also pointed out that parents of the Applicant are suffering from various ailments. In view of this factual aspect, Applicant is seeking transfer of the proceeding. The averments are made by the Applicant on affidavit. The same are not controverted, as none appeared on behalf of the Respondent in the matter.

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It is pertinent to note that the proceeding which is filed by the Respondent/husband is for the custody of minor child. Therefore, considering the fact that the minor child is residing with the present Applicant at Pusad, it will be convenient that proceeding be transferred to the District and Additional Sessions Court at Pusad.

It is also pointed out that there are three other proceedings pending at Pusad, viz - (i) proceeding under Section 125 of the Code of Criminal Procedure for maintenance; (ii) proceeding under Section 12 of the Protection of Women from Domestic Violence Act; and (iii) proceeding initiated on the complaint of the Applicant under Section 498-A of IPC. It is also pointed out that Respondent is attending the proceeding at Pusad.

In the above facts and circumstances of the matter, in my opinion, no prejudice would be caused to the Respondent, if the proceeding is transferred from Nagpur to Pusad. On the contrary, it will be proper and convenient for the parties to decide all the petitions at one station. Hence, for the aforesaid reasons I proceed to pass following order.

ORDER

Misc. Civil Application is allowed.

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Civil Misc. Application No. 166/2024 filed by the Respondent under Section 25 of the Guardian Wards Act pending on the file of District Judge-18 and Additional Sessions Judge, Nagpur is hereby transferred to the District and Additional Sessions Judge, Pusad, District Yavatmal.

The District Judge-18 and Additional Sessions Judge, Nagpur is requested to transfer the R & P of the Misc. Civil Application No. 166/2024 to the District and Additional Sessions Judge, Pusad.

The parties to appear before the District and Additional Sessions Judge, Pusad on 16^th February, 2026.

[PRAVIN S. PATIL, J.]

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 09/02/2026 17:39:38