Ms. Varada Sanjay Dhaygude v. Mr. Aniruddha Diliprao Deshmukh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION MISC.CIVIL APPLICATION NO.77 OF 2018 Ms.Varda Sanjay Dhaygude....

...Applicant vs Aniruddha Diliprao Deshmukh...

...Respondent

--- Mr.Hitesh Vyas for Applicant Mr. S.R.Kulkarni for Respondent --- CORAM : A.M.DHAVALE.J DATED :27TH AUGUST, 2018 --- P.C. :

Heard learned advocates for both the parties. 2.

The parties married on 19.10.2013 at London. The husband hails from Ambejogai and he is presently serving at London. He has filed HMP No.2 of 2017 in the Court of the Civil Judge, Senior Division, at Ambejogai. The wife is serving in Wipro, Pune which is 350 kms away from Ambejogai and is having a four year old daughter. She has subsequently filed P.A. No.157 of 2017 for divorce in the Family Court, Pune. Learned advocate for the respondent admits that the husband is serving at London. It will not be convenient for the wife to attend the Ambejogai Court from Pune whereas the husband who is serving at London can easily attend the Pune Court. The Court should not insist for conduct of the divorce

2/3 petition filed by him at Ambejogai which can only cause inconvenience to both. Learned advocate for the respondent submits that the petition in the Ambejogai Court filed by him is earlier in point of time. He also submits that the parties may come at the Court for divorce by mutual consent, if the parties are referred to mediation. 3.

Considering the facts, I pass the following order : (i) The application is allowed.

(ii) HMP No.2 of 2017 pending before the Civil Judge, Senior Division, Ambejogai is transferred to the Family Court, Pune. It shall be assigned to the Court which is dealing with P.A.No.157 of 2017. Both the matters shall be clubbed together and simultaneously heard.

(iii) The learned Judge of the Family Court, Pune is requested to refer the willing parties for mediation before an appropriate Mediator of their choice or choice of the Court. (iv) Parties through their legal counsels are directed to remain present in Family Court, Pune on 17.9.2018 on which date P.A.No. 157 of 2017 is fixed.

(v) The Family Court, Pune may explore the possibility of recording the evidence through video conferencing.

3/3 Misc.Civil Application stands disposed of.

{A.M. DHAVALE, J}