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Bombay High CourtMCA/236/2022allowed

Punam @ Priti W/O Nishant Chaudhari @ Punam D/O Khushal Masram v. Nishant @ Dnyaneshwari S/O Ramesh Chaudhari

2022-09-23Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 921.mca.236.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO.236 OF 2022 Punam @ Priti w/o Nishant Chaudhari @ Punam D/o Khushal Masram Vs.

Nishant @ Dnyaneshwar s/o Ramesh Chaudhari ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. M. Sinha, Advocate for applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 23/09/2022 1.

Though the non-applicant is served, none appears.

2.

The application seeks transfer of Marriage Petition No.1493 of 2019 pending before the learned 2nd Joint Civil Judge Senior Division, Kalyan (Thane) to the learned Civil Judge Senior Division, Gondia on the ground that applicant/wife resides at Arjuni Morgaon, which is near to Gondia, on the ground that distance between Arjuni Morgaon to Kalyan (Thane) is more than 1050 Kms, and it is well neigh impossible for the applicant to appear before the Court at Kalyan. In view of what has been held in D. Raja Rajeshwari Vs. R. Satish Kumar 2022 (2) SCC 329, the Marriage Petition No.1493 of 2019 pending on the file of learned 2nd Joint Civil Judge Senior Division, Kalyan (Thane) is hereby

(2) 921.mca.236.2022 transferred to the file of learned Civil Judge Senior Division, Gondia.

3.

The parties through counsel shall appear before the learned Civil Judge Senior Division, Gondia on 3.10.2022 and place a copy of this order before the learned Court to apprise it of the same.

4.

The parties through counsel shall appear before the learned 2nd Joint Civil Judge Senior Division, Kalyan (Thane) and place a copy of this order before the learned Court to apprise it of the same, so as to enable it to transmit the record to the learned Civil Judge Senior Division, Gondia.

5.

In case, it is permissible, the learned Civil Judge Senior Division, Gondia shall consider the request of the non-applicant to appear through Video conferencing, if such facilitates are available. 6.

The application is accordingly allowed, in the above terms. No costs.

JUDGE Sarkate SARKATE 18:22