Mrs. Manisha Shailesh Taru v. Mr. Shailesh Shivaji Taru

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (ST) NO. 25588 OF 2015 Mrs. Manisha Shailesh Taru ...

Applicant

Versus

Mr. Shailesh Shivaji Taru ...

Respondent Mr. S.P. Dighe for the Applicant.

Mr. Mankirat Chhabra for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 10 th AUGUST, 2017 P.C.:

1.

Heard the Learned Advocates appearing for the parties. By the above Miscellaneous Civil Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant-wife seeks transfer of Marriage Petition No.A-776 of 2015 filed by the Respondent-husband seeking restitution of conjugal rights pending before the Family Court at Pune to the Family Court at Nashik. 2.

The Applicant is M.Sc., B.Ed. The Respondent is also an educated and qualified person and working for hospitals with which he has tie-ups. The Applicantwife states that it will be inconvenient for her to travel to Pune to defend the matrimonial Petition No.A-776 of 2015 if the same is not transferred to Nashik. The Respondent-husband states that it will be very inconvenient for him to travel to Nashik, if his Petition No.A-776 of 2015 seeking restitution of conjugal rights is transferred to Nashik. In view thereof, both the parties have agreed to conduct the

2 / 3 923-MCAst-25588-2015.sxw proceedings in Matrimonial Petition No.A-776 of 2015 through video-conferencing and the following order is passed, by consent. (i) The Family Court at Pune shall conduct the proceedings in Marriage Petition No.A-776 of 2015 through video-conferencing. (ii) In the event of there being any difficulty in conducting the matter through video-conferencing, the Respondent shall provide to the Court a laptop, WIFI and other equipments necessary to conduct the proceedings through videoconferencing. (iii) The District and Sessions Court at Nashik shall render all assistance to the Applicant to proceed with the Marriage Petition No.A-776 of 2015 through video-conferencing.

(iv) The Family Court at Pune shall not grant any adjournment to the parties unless absolutely necessary.

(v) The parties too shall not seek any adjournment unless absolutely necessary.

(vi) The Family Court at Pune shall endevour to dispose off the Hindu Marriage Petition No.101 of 2010 within a period of six months from the date of this order.

(vii) Since the proceedings shall be conducted through videoconferencing, the Family Court at Pune shall fix the hearing of the matter at the time specified in advance.

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