Bombay High CourtMCA/131/2017disposed off

Sana Shaikh (Nee Sana Zarar Khan) v. Zarar Nasir Khan

2017-09-06Hon'Ble Shri Justice S.J. Kathawalla3 pages

1 / 3 910-MCA-131-2017.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 131 OF 2017 Sana Shaikh nee Sana Zarar Shaikh ...

Applicant

Versus

Zarar Nasir Khan ...

Respondent Mr.Sanjay Bhojwani for the Applicant.

Mr.Bharat Jain for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 6 th SEPTEMEBR, 2017 P.C.:

By the above Miscellaneous Civil Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant-wife seeks transfer of Divorce Petition being P.A. No.2892 of 2015 filed by the Respondent-husband pending before the Family Court at Bandra, Mumbai to the Family Court at Pune. 2.

Both the parties are educated and in order not to inconvenience each other, following order is passed, by consent.

(i) The Family Court at Bandra, Mumbai shall conduct the proceedings in Divorce Petition being P.A.No. 2892 of 2015 through video-conferencing. (ii) The Family Court at Pune shall allow the Applicant and her Advocate to use the video-conferencing facilities available with the Court to conduct the proceedings of Divorce Petition being P.A. No.2892 of 2015 through video-

2 / 3 910-MCA-131-2017.sxw conferencing on the dates, fixed by the Family Court at Bandra, Mumbai. (iii) The Vakalatnama of the Advocate appearing for the Applicant shall be taken on record by the Family Court at Bandra, Mumbai without insisting on the presence of the Applicant before the Court.

(iv) The Applicant shall be at liberty to affirm, verify her pleadings/affidavits before the Family Court at Pune and forward the same to the Family Court at Bandra, Mumbai which the Family Court at Bandra, Mumbai shall accept. (v) Since the proceedings shall be conducted through video- conferencing, the Family Court at Bandra, Mumbai shall fix the hearing of the matter at the time specified in advance.

(vi) The Marriage Counsellor at Family Court, Pune shall be appointed to conduct Counselling sessions with the parties. The Respondent who is attending the other matters filed by the Applicant at Pune shall attend the Family Court at Pune and the Counsellor after conducting the counselling session shall submit report to the Family Court at Bandra, Mumbai.

(vii) The following Cases shall be disposed off by the Courts expeditiously i.e. within a period of six months from the date of this order. (a) R.C.C. No.763 of 2015 filed by the Applicant against the Respondent pending before the Judicial Magistrate, First Class, Cantonment Court at Pune. (b) R.C.C. No.726 of 2017 filed by the Applicant against the Respondent pending before the Judicial Magistrate, First Class, Shivaji Nagar at Pune.

3 / 3 910-MCA-131-2017.sxw (c) Criminal M.A. No.3377 of 2015 filed by the Applicant against the Respondent pending before the Judicial Magistrate, First Class, Shivaji Nagar at Pune. (d) Divorce Petition being P.A. No.2892 of 2015 filed by the Respondent against the Applicant pending before the Family Court at Bandra, Mumbai. (viii) None of the Courts shall grant adjournment/s 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. (x) Liberty to apply.

The above Miscellaneous Civil Application No.131 of 2017 is accordingly disposed off.

( S.J.KATHAWALLA, J. )