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Bombay High CourtMCA/131/2022allowed

Sau. Megha W/O Dinesh Shende v. Dinesh S/O Madhukar Shende

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

(1) 54mca131.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 131 OF 2022 Sau Megha Dinesh Shende__ Vs. ___Dinesh Madhukar Shende --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Rajani R. Gajbhiye, Advocate h/f Mr. M. Rai, Advocate for applicant None for Non-applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1] Heard Ms. Gajbhiye, learned counsel for the applicant. Mr. A.K.Bhangde, learned counsel for the nonapplicant is absent. 2] The application seeks transfer of Hindu Marriage Petition No. A-1963/2021 instituted by the non-applicant/husband in the Court of Principal Judge, Family Court NO.1, Pune to the learned Family Court, Chandrapur, on the ground that the proceedings under the D.V. Act are pending there, wherein the respondent is already appearing.

3] Considering what has been held in D. Raja Rajeswari Vs. R. Satish Kumar (2022) 2 SCC 329, Hindu Marriage Petition No. A-1963/2021 pending on the file of Principal Judge, Family Court NO.1, Pune, is hereby transferred to the Family Court, Chandrapur.

4] The parties shall appear before the Family Court, Chandrapur on 02/12/2022 through counsel and

(2) 54mca131.22 place a copy of this order before him to apprise him of the same. The parties shall also appear before the Principal Judge, Family Court NO.1, Pune, 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 to the Family Court, Chandrapur.

5] It is made clear that all proceedings instituted by the wife as well as the one hereby transferred shall be listed on the same date so as to avoid any inconvenience to the respondent/husband.

6] In case there is video conferencing facility available with the Family Court, Chandrapur, 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.

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

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: