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Bombay High CourtMCA/191/2022allowed

Sau. Prachi @ Vasanti W/O Pramod Borghare @ Prachi D/O Naresh Shirbhate v. Shri Pramod @ Yogendra S/O Tukaram Borghare

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

14. MCA 191 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.191/2022 Sau. Prachi @ Vasanti W/o Pramod Borghare @ Prachi D/o Naresh Shirbhate ...Versus...

Shri Pramod @ Yogendra s/o Tukaram Borghare - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri R.S. Thakare, Advocate for applicant Shri A.G. Hunge, Advocate for non-applicant CORAM : AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1.

The application seeks transfer of Hindu Marriage Petition-A No.166/2021 instituted by the non-applicant/ husband in the Family Court, Bhandara to the Family Court, Akola on the ground that the applicant is a Government Medical Officer and posted at Rural Hospital Narayangaon, Tq. Junnar, District Pune and being a lady she is unable to travel alone from Narayangaon to Bhandara. Akola is a native place of the applicant and her parents are residing at Akola and it will be convenient for the non-applicant, who is residing at Bhandara to attend the court proceedings at Akola. 2.

Though learned counsel for the non-applicant vehemently opposes the application, however, considering

14. MCA 191 of 2022.odt 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-A No.166/2021 pending on the file of Family Court, Bhandara is hereby transferred to the Family Court, Akola.

3.

The parties shall appear before the Family Court Akola on 07/12/2022 through counsel and place a copy of this order before him to apprise him of the same. The parties shall also appear before the Family Court, Bhandara 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, Akola. 4.

In case there is a video conferencing facility available with the Family Court, Akola, any application filed by the non-applicant/husband 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.

(AVINASH G. GHAROTE, J.) SUKHADEORAO WADKAR Wadkar