← Library
Bombay High CourtMCA/50/2022allowed

Puja W/O Satish Ghule v. Satish S/O Pundlik Ghule

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

(1) 44mca50.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 50 OF 2022 Sau. Puja Satish Ghule__ Vs. ___Satish Pundalik Ghule --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V.D.Muley, Advocate for applicant Mr. I. S.Charlewar, Advocate for Non-applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1] Heard Mr. Muley, learned counsel for the applicant and Mr. Charlewar, learned counsel for the non-applicant.

2] The application seeks transfer of Hindu Marriage Petition No.84/2021 instituted by the husband in the Court of Civil Judge, Senior Division, Umred, to the Family Court, Bhandara, on the ground that Application No. 33/2021 under the D.V. Act instituted by the applicant/wife is pending before the learned Judicial Magistrate, First Class, Bhandara, wherein the respondent is appearing.

3] Though Shri Charlewar, 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. 84/2021 pending on the file of

(2) 44mca50.22 Civil Judge, Senior Division, Umred, is hereby transferred to the Family Court, Bhandara.

4] The parties shall appear before the Family Court, Bhandara 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, Umred, 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, Bhandara. 5] In case there is video conferencing facility available with the Family Court, Bhandara. 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.

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

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: