Gazia Abubakar Shaikh Alias Gazia Afroz Ali Sayyed vs Abubakar Mushtaq Shaikh — Bombay HC (2026) — LawSathi Research

Gazia Abubakar Shaikh Alias Gazia Afroz Ali Sayyed vs Abubakar Mushtaq Shaikh — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clause (a): transfer of R.C.S. No. 149 of 2024 from the 5th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune to the Civil Judge, Junior Division at Palghar within four weeks, on the respondent-husband's consent; respondent permitted video-conference attendance, with in-person appearance whenever directed; applicant's advocate permitted to communicate the order to the transferor court and Registrar (Judicial-I) directed to convey the order by E-mail.

Issue for consideration

Whether the husband's restitution petition (R.C.S. No. 149 of 2024) pending before the 5th Joint Civil Judge, Junior Division, Pimpri, Pune should be transferred to the Civil Judge, Junior Division at Palghar.

Court's answer

In view of the statement of the learned counsel for the respondent, on his client's instructions consenting to transfer, the Miscellaneous Civil Application was held to require allowance and stands allowed in terms of prayer clause (a).

Ratio / Principle

The proceedings of R.C.S. No. 149 of 2024 pending before the 5th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune are ordered to be transferred to the Civil Judge, Junior Division at Palghar within a period of four weeks.

Key takeaways

The respondent-husband is permitted to attend the court proceedings through video conferencing.ratio¶20
Whenever necessary, as per the directions of the learned Judge seized of the matter, the respondent will have to attend the proceedings in person.ratio¶20
The Registrar (Judicial-I) is directed to convey the order to the 5th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune by E-mail.

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.) — Transfer of matrimonial proceeding on consent. The applicant-wife sought transfer of her husband's restitution petition, R.C.S. No. 149 of 2024, pending before the 5th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune, to the Civil Judge, Junior Division at Palghar. Counsel for the respondent-husband stated, on instructions, his client's consent to the transfer. Holding the application liable to be allowed on that statement, the Court allowed the Miscellaneous Civil Application in terms of prayer clause (a) and directed transfer of the proceedings to Palghar within four weeks. The respondent-husband was permitted to attend the proceedings through video conferencing, subject to attending in person whenever the learned Judge dealing with the matter so directs; the applicant's advocate was permitted to inform the order to the transferor court, and the Registrar (Judicial-I) was directed to convey the order by E-mail.

39-MCA-323-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 323 OF 2025

Gazia Abubakar Shaikh Alias Gazia Afroz Ali Sayyed … Applicant V/s. Abubakar Mushtaq Shaikh … Respondent

Ms. Saili N. Dhuru, Advocate, for the Applicant.

Mr. Harshavardhan Patil i/by Sammer Khan, Advocate, for the Respondent.

CORAM : RAJESH S. PATIL, J. DATED : 28^th January, 2026

P.C.:

By the present transfer proceeding Applicant, wife of the respondent is seeking transfer of husband’s restitution petition filed before the 5^th Joint Civil Judge, Junior Division, Pimpri, Pune, to the Civil Judge, Junior Division at Palghar.

Learned Counsel appearing for the Appellant-husband, states that

he has instructions from his client to give consent to transfer of the proceedings.

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Vivekanand

39-MCA-323-2025.doc

In view of the statement made by the learned counsel for the Respondent, on instructions of his client Miscellaneous Civil Application requires to be allowed.

The present Miscellaneous Civil Application stands allowed in terms of prayer clause (a).

The proceedings of R.C.S. No. 149 of 2024 pending before 5^th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune be transferred to Civil Judge, Junior Division, at Palghar within period of four weeks.

The Advocate for the applicant is permitted to inform this order to 5^th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune.

Similarly, Registrar (Judicial-I) is hereby directed to to convey the order passed today to the 5^th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune by E-mail.

The Respondent-husband is permitted to attend the court proceeding before the 5^th Joint Civil Judge, Junior Division and JMFC, Pimpri, Pune through video conferencing. However, whenever necessary, as per the directions of the learned Judge taking up the matter, the respondent will have to attend the proceedings in person.

(RAJESH S. PATIL, J.)

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Vivekanand