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2026 DAILYLAW 10809 (BOM)

HAJRA BEGUM W/O SHAIKH SHAHNAWAZ AND ANR. v. SHAIKH SHAHNAWAZ S/O SHAIKH CHAND PASHA

MCA/126/2026 · 2026-09-16

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Judgment text

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918.mca.126.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.126 OF 2026 (Hajra Begum w/o Shaikh Shahnawaz and anr. Vs. Shaikh Shahnawaz s/o Shaikh Chand Pasha) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.A. Muzammil, Advocate for the applicants. Mr. A.A. Joshi, Advocate h/f Mr. S.V. Natu, Advocate for the non-applicant. CORAM:- ROHIT W. JOSHI, J. DATED :- SEPTEMBER 16, 2026. The present application is filed seeking transfer of petition No.73/2026, filed by the non-applicant/husband, from the Family Court, Latur to the Family Court, Nanded. 2. Admittedly, the son of the parties, who is around 2 years of age, is staying with the applicant/wife. Apart from this, proceedings under the Protection of Women from Domestic Violence Act, 2005 bearing case No.PWDVA 20/2026 and petition No.E-141/2025 filed for maintenance instituted by the wife, are pending before the competent courts at Nanded. 3. Having regard to the aforesaid facts which are not in dispute, and more importantly to the fact that minor child, who is 2 years old, is staying with the applicant/wife, the transfer application is allowed, although it is very vehemently opposed by the learned Counsel for the non-applicant/husband by directing that 2026:BHC-AUG:42553 918.mca.126.26.odt 2 petition No.A-73/2026 pending before the learned Judge, Family Court, Latur be transferred to the learned Family Court, Nanded. 4. In the event, the non-applicant/husband makes an application for appearance through video- conferencing, the same may be considered favorably and permission to appear through video-conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court, Nanded. 5. The learned Courts before whom the proceedings instituted by the wife and the one which is now being transferred are pending are requested to consider posting all the cases on the same date, so that it will be convenient for the respondent/husband to attend the same. The Court is aware that it may not always be possible to grant the same date in all four matters. However, the learned Courts are requested to make an endeavour to assign same date in all four cases. (ROHIT W. JOSHI, J. ) *Donge