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Bombay High CourtMCA/109/2017disposed off

Sou. Dhanashree Nitin Tippanwar And ANR v. Nitin Babaso Tippanwar

2017-09-28Hon'Ble Shri Justice S.J. Kathawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.109 OF 2017 Dhanashree Nitin Tippanwar and Anr.

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Applicants versus Nitin Babaso Tippanwar ...

Respondent Mr. Prashant Suryawanshi i/by Mr. G.M.Savagave, for Applicant. Mr. Sandeep Koregave, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 28 th SEPTEMBER, 2017 P.C.:

1. Not on board. Upon mentioning taken on board.

2. In the above Miscellaneous Civil Application, "Hindu Marriage Petition No.1486 of 2016" is wrongly typed/shown in several paragraphs including the prayers as "Hindu Marriage Petition No.4186 of 2016". The Learned Advocate appearing Applicant therefore seeks leave to carry out the necessary amendments. Accordingly, leave is granted to carry out the amendments within one week from today.

3. The order passed by this Court on 22 nd September, 2017 is recalled and the following order is passed :- (a) Heard the learned Advocates for the parties and the following order is passed by consent :

(i) The Hindu Marriage Petition No.1486 of 2016 shall proceed before the Civil Judge, Senior Division, Pune.

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(ii)However, the Applicant shall be allowed to conduct the proceedings through video-conferencing.

(iii)The District Court/Civil Court, Sr. Division at Sangli shall allow the Applicant and her Advocate to use the video-conferencing facility available in the District Court premises at Sangli.

(iv)The Applicant shall be at liberty to affirm, verify her pleadings/Affidavits before the Civil Court, Senior Division/District Court at Sangli and forward the same to the Court of Civil Judge, Senior Division at Pune, which the Civil Judge, Sr. Division at Sangli shall accept. (v) The Civil Judge, Senior Division at Pune shall endeavour to dispose off Hindu Marriage Petition No.1486 of 2016 within a period of six months from the date of this order.

(vi)Since the proceedings shall be conducted through video-conferencing, the Civil Judge, Senior Division at Pune shall fix the hearing of the matter at the time specified in advance.

(vii)The Civil Judge, Senior Division at Pune shall not grant any adjournment/s to the parties unless absolutely necessary. The parties too shall not seek any adjournment/s unless absolutely necessary. (viii)The Applicant shall not be required to appear before the Civil Judge, Senior Division at Pune. However, if the Court feels that her presence is necessary on 2/3

a particular day, for a particular purpose, then the Applicant shall attend the Court at Pune and the Respondent shall pay her travel expenses quantified at Rs. 3,000/- on the same day in cash for which the Applicant shall issue a receipt/acknowledgment. (ix)The Above Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. ) 3/3