Sou. Mohini Sambhaji Gujar v. Shri. Sambhaji Shivaji Gujar

34-MCA-249-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.249 OF 2022 SOU. MOHINI SAMBHAJI GUJAR )...APPLICANT V/s.

SHRI. SAMBHAJI SHIVAJI GUJAR )...RESPONDENT Ms.Pooam Pal i/by Mr.Sachin Hande, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

20th OCTOBER 2023 P.C. :

1.

On 7th October 2023, the following order was passed : "1.

When the matter is called out, learned Counsel for the Applicant submits that this Application seeks transfer of Divorce proceedings filed by the Respondent-husband before the Court of Civil Judge, Senior Division at Kalyan to the Court of Civil Judge, Senior Division at Panvel. 2.

Ms.Poonam Pal, learned Counsel for the Applicant, submits that the Applicant is a mother of a six year old girl child and who also has aged and ailing parents, and therefore, she is not able to spend the entire day for travelling to Kalyan. She submits that, the distance between the place where she stays at Kamothe to the Panvel Court, to which Court she is seeking the transfer of Divorce proceedings, is only 1.5 kilometers away but the distance between her place of residence and Kalyan Court is almost 40 kilometers and the Applicant requires to change two trains, which, considering the responsibility towards her daughter and her parents, is difficult, as she cannot stay out of her house for the entire day.

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34-MCA-249-2022.doc 3.

Having heard the learned Counsel and having perused the Application and also the grounds, this Court suggests the Applicant to consider whether she would like to avail of video conferencing facility to attend the hearings before the Kalyan Court, on dates when her physical presence is not required.

4.

Learned Counsel seeks some time to take instructions in the matter.

5.

List on 20th October 2023."

2.

Today, Ms.Poonam Pal, learned Counsel, appears for the Applicant and submits that she has instructions to have this Application disposed of with the direction of this Court that the Applicant be permitted to avail of video conferencing facility before the Kalyan Court, on dates when her physical presence is not required. 3.

The Application, accordingly, stands disposed with direction to the Court of Civil Judge, Senior Division at Kalyan before whom the Hindu Marriage Petition No.525 of 2022 is pending, to permit the Applicant herein, who is Respondent there, to appear through video conferencing facility on dates on which her physical presence is not required, upon an application made in this behalf to the learned Judge. (ABHAY AHUJA, J.) avk 2/2