Almas Bano Shaikh Hujur vs Shaikh Hujur Shaikh Lalu — Domestic Violence | Bombay HC (2026)

Almas Bano Shaikh Hujur vs Shaikh Hujur Shaikh Lalu — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

The Miscellaneous Civil Application was allowed; R.C.S. No.875 of 2023, pending on the file of the learned Civil Judge, Senior Division, Aurangabad, was withdrawn and transferred to the file of the learned Civil Judge, Senior Division, Parbhani, for appropriate decision, and the order was directed to be communicated to both the Courts.

Issue for consideration

Whether the Miscellaneous Civil Application filed by the applicant/wife seeking transfer of R.C.S. No.875 of 2023 (restitution of conjugal rights) from the file of the learned Civil Judge, Senior Division, Aurangabad, to the file of the learned Civil Judge, Senior Division, Parbhani, should be allowed.

Court's answer

Since the non-applicant is already attending three proceedings before the learned J.M.F.C., Jintur (Criminal Misc. Application No. 425 of 2023, PWDVA No.37 of 2023, and R.C.C. No. 350 of 2023), he can equally prosecute his own R.C.S. No.875 of 2023 if it is transferred to the Court of the learned Civil Judge, Senior Division, Parbhani.

Ratio / Principle

Considering the law laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (Civil Appeal No. 4894 of 2022, order dated 18/07/2022), the court held that the present transfer application deserves to be allowed.

Key takeaways

The proceedings of R.C.S. No.875 of 2023 were withdrawn from the file of the learned Civil Judge, Senior Division, Aurangabad and transferred to the file of the learned Civil Judge, Senior Division, Parbhani, for appropriate decision.ratio¶26

Detailed headnote1 paragraphs

Transfer of matrimonial suit — wife's application allowed. The Bombay High Court (Aurangabad Bench), per Y. G. Khobragade, J. (order dated February 25, 2026; Misc. Civil Application No. 225 of 2025; neutral citation 2026:BHC-AUG:8546), allowed the applicant/wife's prayer to transfer her husband's R.C.S. No.875 of 2023 (suit for restitution of conjugal rights, pending for recording of evidence) from the file of the learned Civil Judge, Senior Division, Aurangabad, to the file of the learned Civil Judge, Senior Division, Parbhani. The ground accepted was that the non-applicant/husband is already attending three pending proceedings before the learned J.M.F.C., Jintur — Criminal Misc. Application No. 425 of 2023 under Section 125 of Cr.P.C. for maintenance, PWDVA No.37 of 2023 under the Protection of Women from Domestic Violence Act, and R.C.C. No. 350 of 2023 arising out of Crime No.334 of 2023 (offences under Sections 498-A, 323, 504, 506 read with Section 34 of I.P.C.) — and can therefore also prosecute his own suit at Parbhani. The court acted considering the law laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (Civil Appeal No. 4894 of 2022, order dated 18/07/2022).

2026:BHC-AUG:8546

926-MCA-225-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

926 MISC.CIVIL APPLICATION NO. 225 OF 2025

ALMAS BANO SHAIKH HUJUR VERSUS

SHAIKH HUJUR SHAIKH LALU

Mr. Bhushan Dhawale, Advocate for the Applicant Mr. Yogesh K. Bobade, Advocate for the Respondent

CORAM : Y. G. KHOBRAGADE, J.

DATE : February 25, 2026

PER COURT :-

Heard the learned counsel for the appellant and the learned counsel for the non-applicant.

By the present application, the applicant / wife is

seeking transfer of R.C.S. No.875 of 2023, from the file of learned Civil Judge, Senior Division, Aurangabad, to the file of learned Civil Judge, Senior Division, at Parbhani.

Having regard to the submissions canvassed on behalf

of both the sides, I have gone through the record. It is not in

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dispute that on 21.05.2023, the marriage between the applicant and the non-applicant was solemnized at Jintur as per the customs and rites prevailing in the Muslim community. After the marriage, the applicant cohabited with the non-applicant.

Initially, the non-applicant nicely treated the applicant. Later on, she was subjected cruelty and raised domestic violence for non fulfillment of illegal demand of dowry. Hence, she took shelter with her parents at Jintur, District Parbhani. Thereafter, she filed Criminal Misc. Application No. 425 of 2023 under Section 125 of Cr.P.C. and claimed for maintenance. Further, the applicant has filed proceeding under the Protection of Women from Domestic Violence Act, vide PWDVA No.37 of 2023 and the said proceeding is pending on the file of learned J.M.F.C. Jintur, District Parbhani. The present non-applicant is attending the said proceeding. Not only this, Crime No.334 of 2023 is also registered against the present non-applicant with Jintur Police Station for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of I.P.C., and after filing of charge-sheet, it is registered as R.C.C. No. 350 of 2023 and it is pending on the file of learned J.M.F.C., Jintur. However, the nonapplicant has filed R.C.S. No.875 of 2023 before the learned Civil

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Judge, Senior Division, Aurangabad and prayed for decree of restitution of conjugal rights. However, the said proceeding is pending for recording of evidence.

Since the non-applicant is already attending three proceedings before the learned J.M.F.C. Jintur, therefore, he can also prosecute with R.C.S. No.875 of 2023, which has been filed by him before the learned Civil Judge, Senior Division, Aurangabad, if it is transferred to the Court of learned Civil Judge Senior Division, Parbhani. Therefore, considering the law laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (Civil Appeal No. 4894 of 2022), by order dated 18/07/2022 , I am of the view that the present application deserves to be allowed. Accordingly, I proceed to pass the following order:

O R D E R

(i) The Miscellaneous Civil Application is allowed.

(ii) The proceedings of R.C.S. No.875 of 2023, pending on the file of learned Civil Judge, Senior Division, Aurangabad is hereby withdrawn and transferred to the

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926-MCA-225-2025

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file of learned Civil Judge, Senior Division, Parbhani, for appropriate decision.

(iii) This order be communicated to both the Courts.

[ Y. G. KHOBRAGADE, J. ]

SMS

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