Bombay High CourtMCA/326/2018admittedallwdgrantedrule absolute

Karuna W/O Ratnakar Chichkhede v. Ratnakar S/O Tikaram Chichkhede

2018-09-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 mca326.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.326 OF 2018 (KARUNA RATNAKAR CHICHEKHEDE....VS.. RATNAKAR TIKARAM CHICHKHEDE ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.M.Kolhe, Advocate for Applicant.

CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 28, 2018.

The judgment was dictated in open Court on 25th September 2018 allowing the Miscellaneous Civil Application and transferring the proceedings from the Court of Civil Judge Senior Division, Nagpur to Family Court at Chandrapur. This order was passed in view of prayer(a) of the Miscellaneous Civil Application.

After the judgment was dictated but before it could be signed, it was noticed that Family Court is not yet established at Chandrapur. Therefore, it was directed that the matter be listed for orders. Accordingly, the matter is listed today.

The learned advocate for the applicant states that the prayer for transfer of the proceedings from Civil Judge Senior Division, Nagpur to the Family Court at Chandrapur was made as per the instructions given by the applicant and under bonafide impression.

The explanation given is accepted. In the facts of the case, the applicant is permitted to amend the prayer clause of the Miscellaneous Civil Application.

2 mca326.18 However, for the lapse on the part of the applicant and her advocate, the applicant and her advocate shall deposit Rs. One Thousand with the High Court Legal Services Sub-Committee, Nagpur and produce receipt of it on record of the Miscellaneous Civil Application within two weeks.

JUDGE RRaut..