Sau. Jyoti W/O Sudhir Mundane v. Sudhir S/O Mahadeorao Mundane

1 5-MCA No.287.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.

OF 2021 Sau. Jyoti W/o Sudhir Mundane ..VS.. Sudhir S/o Mahadeorao Mundane - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Swarup Bhattacharya, Advocate h/f Mr. N.S. Warulkar, Advocate for petitioner.

CORAM : AVINASH G. GHAROTE, J.

DATED : 30 th September, Heard Mr. Swarup Bhattacharya for the applicant. None appears for the respondent though served.

2.

The application seeks transfer of Petition No. A-188/2020 pending on the file of Family Court, Yavatmal, instituted by the husband, to the learned Family Court, Amravati, where the applicant/wife is residing and the proceedings instituted by her under the Hindu Marriage Act, 1955 are pending, in which the nonapplicant/husband is already appearing. 3.

In view of what has been held in D. Raja Rajeswari Vs. R. Satish Kumar, (2022) 2 SCC 329, regarding the convenience of the wife, Petition No. A-188/2020 pending on the file of the learned Family Court, Yavatmal, is hereby transferred to the learned Family Court, Amravati.

4.

The parties through their counsel shall appear before the learned Family Court, Amravati, on

2 5-MCA No.287.2021 07.10.2022 and place a copy of this order before the learned Family Court, Amravati, to apprise the Court of this order.

5.

The parties through their counsel shall place a copy of this order before the learned Family Court, Yavatmal, to apprise it of the present order and to enable it to transmit the record and proceedings to the learned Family Court, Amravati.

6.

Both the matters shall be kept on the same date by the learned Family Court, Amravati, in order to avoid any inconvenience to the non-applicant/husband. 7.

In case there are Video Conferencing facilities available with the Family Court, Amravati, 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 recording of the evidence of the non-applicant/husband as well as the witnesses, if deemed appropriate by the Family Court, Amravati shall be done through the Video Conferencing.

8.

The application is allowed and disposed of. No costs.

9.

Pending application/s, if any, shall stand disposed of accordingly.

BHIMRAO JANARDHAN 16:34 JUDGE Kirtak