Bombay High CourtMCA/282/2022allowed

Sau. Mahema @ Shyamkala Surya Nade v. Surya Shyamrao Nade

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

(1) 4mca282.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 282 OF 2022 Mahema @ Shyamkala Surya Nade__ Vs. ___Surya Shyamrao Nade --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mrs. D.I.Charlewar, Advocate for applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 Though the respondent has been served none appears.

2] The application seeks transfer of HMP No.148/21 instituted by Respondent at Family Court, Yavatmal.

3] Already proceeding under Section 13 of the Hindu Marriage Act instituted by the applicant bearing Petition No. 300/2022 is pending before the 4th Civil Judge, Senior Division, Nagpur. In view of what has been held in D.Raja Rajeshwari vrs. R. Satish Kumar, (2022) 2 SCC 329, Hindu Marriage Petition No. 148/2021 on the file of the Family Court, Yavatmal, is hereby transferred to Court of Civil Judge, Senior Division, Nagpur dealing with Petition 300/2022.

4] The applicant shall appear through her counsel before the Family Court, Yavatmal, on 22.9.2022 and place a copy of the order before the learned Court to apprise it of the same and so also to transmit the R&P to the 4th Civil Judge, Senior Division, Nagpur. Similarly, the

(2) 4mca282.22 applicant shall appear through her counsel before the Civil Judge, Senior Division, Nagpur, on 26.9.2022 and place a copy of this order before the Court in order to apprise of the same.

5] The Application is allowed in above terms.

No costs.

6] The appropriate fees be paid to the learned appointed counsel as per Rules.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: