Mrs. Amruta Bharatesh Bhivate v. Mr. Bharatesh Kuber Bhivate

mca 87 of 2016 (913).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.87 OF 2016 Amruta Bharatesh Bhivate ...

Applicant versus Bharatesh Kuber Bhivate ...

Respondent Mr. Ganesh Misal i/by Mr. Vishal Kale, for Applicant. Mr. Rajendra Anbhule with Ms. Swati Jadhav, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 11th AUGUST, 2017 P.C.:

1.

Heard the learned Advocates for the parties. By the above Misc. Civil Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant wife seeks transfer of Petition (A) No.20 of 2016 filed by the Respondent husband seeking divorce pending before the Family Court at Kolhapur to the Family Court at Pune.

2.

Both the parties are educated and since both are of the view that they will be inconvenienced if they are required to travel, the following order is passed by consent: (i) The proceedings filed by the Respondent being Petition (A) No.20 of 2016 filed by the Respondent and pending before the Family Court at Kolhapur, shall be proceeded with by video-conferencing. In the event of any difficulty, the Respondent undertakes to provide a laptop, WIFI and other equipments necessary to ssp 1/2

mca 87 of 2016 (913).sxw conduct the proceedings through video conferencing to the Family Court at Kolhapur. (ii)The District Court/Family Court, Pune shall render all assistance to the Applicant by allowing her to use the video-conferencing facility installed in the District Court/Family Court at Pune. If this is not possible, the Applicant and/or her Advocate shall make their own arrangements to conduct the proceedings in Petition (A) No.20 of 2016 through video-conferencing. (iii)The Family Court at Kolhapur shall not grant any adjournment to the parties unless absolutely necessary. The parties too shall not seek any adjournment unless absolutely necessary.

(iv)The Family Court at Kolhapur shall endeavour to dispose off the Petition (A) No.20 of 2016 within a period of six months from the date of this order. (v) Since the proceedings shall be conducted through video-conferencing, the Family Court at Kolhapur, shall fix the hearing of the matter at the time specified in advance.

(vi)All contentions of the parties are kept open. 2.

The above Misc. Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. ) ssp 2/2