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Bombay High CourtMCA/332/2024disposedoff

Priyanka D/O Yadavrao Kendre @ Priyanka Dhanraj Gitte v. Dhanraj Shrihari Gitte

2024-08-09Hon'Ble Shri Justice G. A. Sanap2 pages

mca332.24.O.odt IN T HE HIGH COURT OF JUDICATURE AT B O MBAY NAGP U R BENCH, N A GPUR MISC. CIVIL APPLICATION (TR) NO.

(Priyanka d/o Yadavrao Kendre & Priyanka Dhanraj Gitte Vs. Dhanraj Shrihari Gitte) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. I. A. Fidvi, Advocate for Applicant.

CORAM: G. A. SANAP , J.

DATE: 9 th AUGUST, .

This is an application for transfer of Hindu Marriage Petition No.10/2024 filed by the non-applicant for divorce pending on the file of Civil Judge, Senior Division, Latur, to the Family Court at Nagpur.

2.

It is stated that the family of the applicant is staying at Nagpur. She is serving as Constable in CRPF 232 Battalion. She is presently posted at Midnapur (West Bengal). It is stated that from West Bengal to Nagpur there is direct connectivity. It is very difficult for her to attend the Court at Latur. Her parents are residing at Nagpur. It is also stated that in her absence, the parents can also look after the proceedings, if required, at Nagpur.

3.

The non-applicant in spite of service has not appeared before this Court.

4.

Heard learned Advocate for the applicant. Perused the record and proceedings.

mca332.24.O.odt 5.

The facts stated in the application have gone unchallenged and uncontroverted. The applicant is serving in CRPF as a Constable. She has been posted at Midnapur (West Bengal). There is direct connectivity between Kolkatta (West Benegal) to Nagpur. In this case, therefore, the prayer made by the applicant deserves to be accepted. Hence, the following order:

O R D E R

i] The application is allowed.

ii] The proceedings of Hindu Marriage Petition No.10/2024, pending before the Civil Judge, Senior Division, Latur, may be transferred to the Family Court at Nagpur for decision in accordance with law.

iii] The Principal District and Sessions Judge, Latur shall withdraw the proceedings of Hindu Marriage Petition No.10/2024 from the file of Civil Judge, Senior Division, Latur and transfer it to the file of Principal Judge, Family Court, Nagpur.

iv] The Principal Judge, Family Court, Nagpur shall, in turn, assign the proceedings of Hindu Marriage Petition No.10/2024 to the appropriate Court for its disposal in accordance with law.

6.

The application stands disposed of in the aforesaid terms. No order as to costs.

(G. A. SANAP, J.) NSN