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Bombay High CourtMCA/270/2017disposed off

Jayashree Sachin Gaikwad v. Sachin Nivrutti Gaikwad

2017-09-01Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 41-MCAST-21583-2017.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION (ST) NO. 21583 OF 2017 Jayashree Sachin Gaikwad ...

Applicant

Versus

Sachin Nivrutti Gaikwad ...

Respondent Ms. Sonal Dabholkar i/b. Mr. S.M. Sabrad for the Applicant. Mr. Harshad Inamdar for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 1ST SEPTEMBER , 2017 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

i.

The Marriage Petition No. 756 of 2015 filed by the Respondent husband before the Court of Civil Judge, Senior Division, Kalyan is transferred to the Civil Judge, Senior Division, Niphad, Nashik and directed to be heard along with Petition No. 282 of 2014 filed by the Applicant wife seeking restitution of marriage. ii.

The Civil Judge, Senior Division, Niphad, Nashik shall allow the Respondent husband to conduct the proceedings through Video Conferencing. iii.

The Civil Judge, Senior Division, Kalyan shall allow the Respondent to use the Video Conferencing facilities.

iv.

The Respondent shall appear before the Civil Judge, Senior Division,

Nitin 2 / 2 41-MCAST-21583-2017.sxw Niphad, Nashik only when the Court of the Civil Judge, Senior Division, Niphad, Nashik feels that his presence is required before the Court. v.

The Respondent shall be at liberty to affirm, verify his pleadings / Affidavits before the Court of Civil Judge, Senior Division, Kalyan, Thane and forward the same to the Court of Civil Judge, Senior Division, Niphad, Nashik, which the Court of Civil Judge, Senior Division, Kalyan shall accept.

vi.

Since the proceedings shall be conducted through Video Conferencing, the Civil Judge, Senior Division, Niphad, Nashik shall fix the hearing of the matter at the time specified in advance.

vii.

The Civil Judge, Senior Division, Niphad, Nashik shall endeavour to dispose of Marriage Petition No. 756 of 2016 along with Petition No. 282 of 2014 within a period of six months from the date of this order. viii.

The Civil Judge, Senior Division, Niphad, Nashik shall not grant any adjournment to the parties unless absolutely necessary. The parties too shall not seek any adjournment unless absolutely necessary.

ix.

All contentions of the parties are kept open. 2.

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