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Bombay High CourtMCA/195/2023allowed

Heena Khiral Karani v. Khiral Khushalchand Karani

2024-01-19Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 195 OF 2023 Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.04.05 13:44:57 +0530 Heena Khiral Karani ....Applicant

Versus

Khiral Khushalchand Karani ....Respondent SHANTANU SHANKARSA DHUDUM ----- Smt. Hansa M. Asher, Advocate for the Applicant. Mr. Vijay Singh a/w Mr. Karan Gajara a/w Smt. Daksha P., Advocate for the Respondent.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 19th JANUARY, 2024.

P.C. :

1.

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

By this application, the Applicant seeks transfer of divorce petition and Custody of Child filed by the Respondent, which is pending at Civil Judge Senior Division, Darva, District-Yavatmal to District Judge, Vasai, District Thane.

This order is corrected/modified as per speaking to the minutes of order dated 03.04.2024 1/3

3.

Learned counsel for the Applicant submits that Applicant stays with her parents at Nalasopara. The daughter of 8 years is also stays with the Applicant. The proceedings filed by the Respondent is pending before Civil Judge Senior Division, Darva Dist. Yavatmal. Applicant is finding difficult, to attend the Court's dates at Darva. Hence, requested to allow the Application.

4.

Learned counsel for the Respondent submits that appropriate order be passed and Respondent be permitted to attend the transfer proceedings through video conferencing. 5.

Considering the submissions of both learned counsel, I pass following order.:

ORDER

i.

HPM No. 165 of 2022 i.e petition for divorce and MCJ bearing No. 46 of 2022 for custody of child filed by the Respondent. pending at Civil Judge Senior Division Darva be transferred to District Judge, Vasai, District Thane.

ii. Application is disposed of.

This order is corrected/modified as per speaking to the minutes of order dated 03.04.2024 2/3

iii. The Respondent can file the appropriate application before the concerned Court for appearing through video conference.

(SHIVKUMAR DIGE, J.) This order is corrected/modified as per speaking to the minutes of order dated 03.04.2024 3/3