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Bombay High CourtMCA/241/2015disposed off

Mrs. Anjana Joseph Shinde v. Mr.Joseph Samuel Shinde

2017-07-03Hon'Ble Shri Justice S.J. Kathawalla2 pages

KPPNair -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 241 OF 2015 Mrs. Anjana Joseph Shinde ... Applicant vs.

Joseph Samuel Shinde

...Respondent

Ms. Saima Ansari, instructed by Mr. R.M. Momin for the Applicant. Mr. A.B. Tajane along with M.S. Kavita Shinde, for the Respondent. Both parties present in Chamber.

CORAM: S.J. KATHAWALLA, J.

DATE: 3rd JULY, 2017 P.C.

By the above Application, the Applicant-wife seeks transfer of divorce petition being PA/531/2015 filed by the respondent-husband seeking dissolution of marriage before the Family Court at Pune, to the Court at Miraj or any other appropriate Court at Sangli.

2.

The Applicant wife has submitted that it is inconvenient for her to travel from Miraj to Pune since she is required to look after her small child who is four years old. The Respondent husband submits that it is very inconvenient for him to travel from Pune to Miraj and in fact he has lost his earlier job because he was required to frequently take leave to go to Miraj for attending the matter filed by the Applicant under the Domestic Violence Act.

KPPNair -23. To avoid an inconvenience being caused to either the Applicant or the Respondent and keeping in mind the suggestion of the Hon'ble Supreme Court in the case of Krishna Veni Nagam vs. Harish Nagam1 , the following order is passed by consent:

(i) The Family Court at Pune shall proceed with the trial by way of video conferencing. If there is any difficulty faced by the Family Court, Pune, qua availability of the equipments, the Respondent shall provide the same to the Court. The Applicant too shall make arrangements at her residence and/or at the office of her Advocate and appear through video conferencing. (ii) The Family Court, Pune shall dispose of the divorce petition being PA/531/2015 filed by the Respondent-husband within a period of six months from today and shall not grant any adjournments to the parties unless it is absolutely necessary.

The Application is accordingly disposed off.

(S.J. KATHAWALLA, J.) 2017 (4) SCC page 150