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Bombay High CourtMCA/242/2023disposed off

Varsha Praveen Sonawane v. Praveen Sonawane

2024-01-24Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 242 OF 2023 Varsha Praveen Sonawane ....Applicant V/s.

Praveen Sonawane ....Respondent ---- Mr.Himanshu Nagarkar, for the Applicant.

Mr.Pravin Gole, for the Respondent.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.01.29 14:47:20 +0530 ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 24th JANUARY 2024 P.C:- .

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

2.

It is contention of the learned counsel for the Applicant that, the Applicant stays st Shahada, DistrictNandurbar with her 8 years old son and her brother. The learned counsel further submitted that, the Respondent-husband has filed Divorce Petition against the Applicant, which is pending at Family Court, Pune. Distance between Pune to Shahada is more than 400 km. The Applicant is finding difficult to attend the N.S. Kamble page 1 of 3

Court dates at Family Court at Pune. The learned counsel further submitted that, the Applicant has filed Petition under the provisions of Domestic Violence Act, which is pending at JMFC, Nandurbar. The Respondent attend the dates of that proceedings. Hence, requested to allow the Application. 3.

It is contention of the learned counsel for the Respondent-Husband that the Respondent serving at Asam. The Respondent's mother and father stays at Pune. It would be difficult for the Respondent to attend the Court's dates at Shahada, Nadurbar. The learned counsel further submitted that, if this Court inclined to allow the Application, the Respondent be permitted to attend the Courts date at Sahahda, Nandurbar through video conferencing and requested to reject the Application.

4.

I have heard both learned counsel.

5.

The Applicant stays at Shahada, Nandurbar with her 8 years old son and her brother. The distance between Shahada to Pune is more than 400 km. The Applicant has filed proceedings under the D.V. Act, which is pending at JMFC, N.S. Kamble page 2 of 3

Sahada, Nandurbar. The Respondent attend the dates of the said proceedings. Considering these facts I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Petition No.A-555 of 2023, which is pending before the Family Court Pune be transferred to CJSD, Shahada, Nandurbar.

(iii) The Respondent can file Application before the concerned Court for appearance through Video Conference. The concerned Court shall decide the said Application on its own merits.

(iv) Both the trial Court's are requested to keep the dates of both proceedings on same day.

(v) The Application is allowed and disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3