Nilofar Sultan Sayyad v. Sultan Rajjak Sayyad
Case brief
What is this about?
Nilofar Sultan Sayyad v. Sultan Rajjak Sayyad, Misc. Civil Application No. 309 of 2024, High Court of Judicature at Bombay, Bench at Aurangabad, decided 09 June 2026 by Abhay J. Mantri, J. (neutral citation 2026:BHC-AUG:22570). Single-judge order allowing a wife's transfer application: husband's restitution-of-conjugal-rights suit (RCS No. 232/2024, Section 281 of the Muslim Law) moved from Civil Judge Junior Division, Shrirampur to Civil Judge Senior Division, Aurangabad on grounds of the wife's lack of income, care of a seven-year-old daughter, ~70 km distance, and concurrent Domestic Violence Act and Section 498-A IPC proceedings pending at Aurangabad; adverse inference drawn from husband's failure to file a reply; precedent relied on: Aishwarya Versus A.S. Sarvana Karthik Sha, AIR Online 2022 SC 1268. Keywords: transfer of civil suit, wife's convenience, restitution of conjugal rights, adverse inference, non-filing of reply, Section 281 Muslim Law, Section 498-A IPC, Domestic Violence Act.