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Bombay High CourtMCA/7/2017disposed off

Roshni Manish Tahiliani v. Manish Omprakash Tahiliani

2017-09-08Hon'Ble Shri Justice S.J. Kathawalla2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 7 OF 2017 Mrs. Roshni Manish Tahiliani ...

Applicant

Versus

Mr. Manish Omprakash Tahiliani ...

Respondent Mr. Deepak Lad for the Applicant.

Ms. Poonam Ankleshwaria for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 8 th SEPTEMBER, 2017 P.C.:

1.

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 No.A-1060 of 2016 filed by the Respondent-husband seeking divorce pending before the Family Court at Nagpur to the Family Court at Pune. 2.

Heard the Learned Advocates for both the parties and following order is passed by consent :- (a) The Family Court at Nagpur shall allow the Applicant to defend the Divorce Petition No.A-1060 of 2016 through video-conferencing. (b) The District Court at Pune and/or Family Court at Pune shall allow the Applicant and/or her Advocate to use the video-conferencing facilities available with the Court for the purpose of defending the Divorce Petition No.A-1060 of 2016.

kpd 2 / 2 917-MCA-7-2017.sxw (c) The Applicant is allowed to affirm, verify his pleadings/affidavits before the Family Court at Pune and forward the same to the Family Court at Nashik which the Family Court at Nashik shall accept.

(d) The Family Court at Nashik shall endevour to dispose off the Divorce Petition No.A-1060 of 2016 within a period of six months from the date of this Order. (e) The parties shall not seek adjournment/s unless absolutely necessary. The Family Court at Nashik shall also not grant adjournment/s to either side unless absolutely necessary.

(f) Since the proceedings shall be conducted through video-conferencing, the Family Court at Nashik shall fix the hearing of the matter at the time specified in advance.

(g) The Applicant undertakes to remain present before the Family Court at Nashik in the event to the Court requiring her to remain present. (h) This order shall not preclude the Applicant from appearing before the Family Court at Nashik in person and/or through her Advocate, if she decides not to use video-conferencing facilities.

(i) All contentions of the parties are kept open. 3.

The above Miscellaneous Civil Application No. 7 of 2017 is accordingly disposed off.

( S.J.KATHAWALLA, J. )