Smt. Manali Pritam Shah v. Shri Pritam Pravinbhai Shah

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION (ST) NO.21029 OF 2017 Manali Pritam Shah ...

Applicant versus Pritam Pravinbhai Shah ...

Respondent Mr. Pandit Kasar with Mr. Rohit Mangsule, for Applicant. None for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 23rd AUGUST, 2017 P.C.:

1.

Heard the learned Advocates for the Applicant. By the above Misc. Civil Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant wife seeks transfer of Marriage Petition No.679 of 2017 filed by the Respondent husband seeking divorce pending before the Family Court at Pune to the Family Court at Kolhapur.

2.

The Respondent is not present before the Court despite service. Affidavit proving service dated 18th August, 2017 is filed on record. 3.

Both the parties are educated and since vide conferencing facility is available at the Family Courts at Pune and Kolhapur, both the parties are not required to travel and the following order is passed :

(i) The Family Court at Pune shall conduct the proceedings in Marriage Petition No.679 of 2017 through video-conferencing. In the event of any difficulty, the ssp 1/2

mcast 21029 of 2017 (914).sxw Respondent undertakes to provide to the Court a laptop, WIFI and other equipments necessary to conduct the proceedings through video-conferencing. (ii)The Family Court at Kolhapur shall allow the Applicant and her Advocate to use the video-conferencing facilities available with the Court to conduct the proceedings in Marriage Petition No.679 of 2017 through video conferencing on the dates fixed by the Family Court at Pune.

(iii)The Family Court, Pune shall endeavour to dispose off the Marriage Petition No.679 of 2017 within a period of six months from the date of this order. (iv)The parties shall not seek adjournment/s unless absolutely necessary. The Family Court at Pune shall also not grant adjournment/s to either side unless absolutely necessary.

(v) Since the proceedings shall be conducted through video-conferencing, the Family Court at Pune 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