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Bombay High CourtMCA/230/2022allowed

Sau. Radhika W/O Rushikesh Yogi v. Shri Rushikesh S/O Pramod Yogi

2022-09-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 20.mca.230.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.230 OF 2022 Radhika w/o Rhushikesh Yogi Vs.

Rhushikesh s/o Pramod Yogi ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Archana Narad, Advocate h/f Ms. Kirti Satpute, Advocate for applicant. CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1.

Though the non-applicant has been served, none appears.

2.

The application seeks to transfer the Petition No. A-156/2021 instituted by the non-applicant before the learned Family Court, Nanded to the Family Court No.2, Nagpur.

3.

The applicant has already instituted proceedings under the Domestic Violence Act bearing Petition No.1336/2019. The applicant has also instituted E-Petition No.268/2019 under Section 125 of Cr.P.C. which are pending before the Family Court No.2, Nagpur, in which the non-applicant is already appearing, considering which and in view of what has been held in D. Raja Rajeshwari Vs. R. Satish Kumar 2022 ( 2 ) SCC 329, Petition No.A-156/2021 on the file of learned Family Court, Nanded is hereby transferred to the learned Family Court, Nagpur.

(2) 20.mca.230.2022 4.

The applicant through counsel shall appear before the Family Court, Nagpur on 26.9.2022 and place a copy of this order to apprise it of the same. So also, the applicant through counsel shall appear on 22.09.2022 before the Family Court, Nanded and place a copy of this order before the learned Court to apprise it of the same and to enable it to transmit the R & P to the Family Court, Nagpur.

5.

The application is accordingly allowed. No costs.

JUDGE Sarkate SARKATE 12:42