YASMEEN ANJUM Vs. RASHID KHAN
LAWS(BOM)-2022-11-153
HIGH COURT OF BOMBAY (FROM: NAGPUR)
Decided on November 14,2022

Yasmeen Anjum Appellant
VERSUS
RASHID KHAN Respondents


Referred Judgements :-

RAJANI KISHOR PARDESHI .V/S. KISHOR BABULAL PARDESHI [REFERRED TO]


JUDGEMENT

- (1.)This is an application seeking transfer of Regular Civil Suit No.9 of 2022 filed by the Respondent-husband for declaration of the marriage as null and void under Sec. 34 of the Specific Relief Act, 1963 (the "Specific Relief Act") before the Court of the Civil Judge Junior Division at Dhamagaon to the Court of Civil Judge Junior Division at Wardha.
(2.)The brief facts are that earlier the marriage between the Applicant-wife and the Respondent-husband was solemnized on 22/5/2013 as per the provisions of Shariya i.e. as per Muslim Rites and Ceremonies, after which, they started residing at Dhamangaon. It is the case of the Applicant that after some days of the marriage, the family members the Respondent started ill treating the Applicant-wife. A daughter was born out of their wedlock. The Applicant continued to stay with her husband under the bona fide impression that the behaviour of the husband and his family members towards her will change. That in the year 2019, there was an altercation of the Applicant with the husband and his family members, whereafter the Applicant was constrained to leave her matrimonial home alongwith her daughter Saniya. Thereafter, she came to Wardha. It is stated that the husband and the Applicant used to communicate with each other on telephone and although, the Applicant time and again indicated her willingness to join the company of her husband at Dhamangaon and to continue their matrimonial life, but the husband did not pay any heed to the same and refused to take the Applicant and their daughter to the matrimonial home. Thereafter, the Applicant went on to file proceedings under the Domestic Violence Act, 2005, before the 5th Judicial Magistrate First Class at Wardha on 20/10/2021. It is stated by the learned counsel for Applicant that the said application is still pending and interim orders of maintenance have been passed in favour of the Applicant.
(3.)That on 20/4/2019, the Applicant has also filed a complaint before the Police Station at Wardha under Ss. 506 and 504 of the Indian Penal Code, 1860, as the Respondent had threatened her of dire consequences and accordingly N.C.R. No.0497 of 2019 has been registered at Wardha Police Station.


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