← Library
Bombay High CourtMCA/29/2022allowed

Tanvi Vijay Kokate @ Tanvi Jaganrao Harne v. Vijay Rameshchandra Kokate

2022-11-25Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 42mca29.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 29 OF 2022 Tanvi Vijay Kokate @ Tanvi Jaganrao Harne__ Vs. ___Vijay Rameshchandra Kokate --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sharukh Sheikh Advocate h/f Mr. M.N.Ali, Advocate for applicant Mr. A.P.Deshmukh, Advocate for non-applicant. CORAM :

AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1] The application seeks transfer of Hindu Marriage Petition No.125/2021 instituted by the husband in the Court of Civil Judge, Senior Division, Akola, to the Family Court, Nagpur on the ground that she fears for her life on account of immense hostility borne by the non-applicant and his relatives towards her.

2] Though Shri Deshmukh, learned counsel for the respondent vehemently opposes the application, however, considering what has been held in D. Raja Rajeswari Vs. R. Satish Kumar (2022) 2 SCC 329, and Sangamitra w/o Ramakant Royalwar Vs. Ramakant s/o Gangaram Royalwar, 2009 (1) Mh.L.J. 303 Hindu Marriage Petition No. 125/2021 pending on the file of Civil Judge, Senior Division, Akot, is hereby transferred to the Family Court, Nagpur.

(2) 42mca29.22 3] The parties shall appear before the Family Court Nagpur on 02/12/2022 through counsel and place a copy of this order before him to apprise him of the same. The parties shall also appear before the Civil Judge, Senior Division, Akot through counsel and place a copy of this order before the learned Court in order to apprise him of the same and so also to enable him to transfer the record & proceedings to the Family Court, Nagpur.

4] In case there is video conferencing facility available with the Family Court, Nagpur, any application filed by the respondent for appearing in the proceedings through video conferencing shall be taken into consideration unless the personal physical presence is desired by the court.

5] The Misc. Civil Application is allowed accordingly. No order as to costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: