Aaradhana W/O Pravin Rodke v. Pravin S/O Wasudev Rodke

1 3-MCA No.262.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.

OF 2021 Aaradhana w/o Pravin Rodke ..VS.. Pravin s/o Wasudev Rodke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.V. Muley, Advocate for applicant.

None for the non-applicant.

CORAM : AVINASH G. GHAROTE, J.

DATED : 30 th September, Ms. M.R. Rahangdale, learned counsel for the respondent is absent.

2.

Heard Mr. A.V. Mule, learned counsel for the applicant. At the outset he seeks oral leave, to amend the prayer clause in the application by deleting Civil Judge, Senior Division, Bhandara and replacing it by Family Court, Bhandara. Leave is granted and correction be carried out forthwith.

3.

The application seeks transfer of Hindu Marriage Petition No.105 of 2020 pending on the file of Civil Judge, Senior Division, Gondia instituted by the husband, to the learned Family Court, Bhandara, where the applicant/wife is residing and the proceedings instituted by her under the Protection of Women from Domestic Violence Act, 2005 are pending, in which the non-applicant/husband is already appearing.

2 3-MCA No.262.2021 4.

In view of what has been held in D. Raja Rajeswari Vs. R. Sathish Kumar, (2022) 2 SCC 329, regarding the convenience of the wife the Hindu Marriage Petition No.105 of 2020 pending on the file of learned Civil Judge, Senior Division, Gondia, is hereby transferred to the learned Family Court, Bhandara. 5.

The parties through their counsel shall appear before the learned Family Court, Bhandara, on 07.10.2022 and place a copy of this order before the learned Family Court, Bhandara, to apprise the Court of this order.

6.

The parties through their counsel shall place a copy of this order before the learned Civil Judge, Senior Diovision, Gondia, to apprise it of the present order and to enable it to transmit the record and proceedings to the learned Family Court, Bhandara.

7.

Both the matters shall be kept on the same date by the learned Family Court, Bhandara, in order to avoid any inconvenience to the non-applicant/husband. 8.

In case, there are Video Conferencing facilities available with the learned Family Court, Bhandara, the personal presence of the non-applicant/husband shall not be insisted upon and as far as possible, his appearance through Video Conferencing will be permitted. Even the

3 3-MCA No.262.2021 recording of the evidence of the non-applicant/husband as well as the witnesses, if deemed appropriate by the Family Court, Bhandara shall be done with the Video Conferencing.

9.

The application is allowed and disposed of. No costs.

JUDGE Kirtak BHIMRAO JANARDHAN 16:52