Alpa W/O Jaiprakash Udaiyar v. Jayprakash S/O Sekar Udaiyar

1 15-MCA No.326.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.

OF 2021 Alpa W/o Jaiprakash Udaiyar ..VS.. Jayprakash S/o Sekar Udaiyar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner.

CORAM : AVINASH G. GHAROTE, J.

DATED : 30 th September, None appears for the applicant. None appears for the non-applicant though served.

2.

The application seeks transfer of Petition No. A-52 of 2020 pending on the file of Family Court, Bandra at Mumbai, instituted by the husband, to the learned Family Court No.3 at Nagpur, where the applicant/wife is residing and the proceedings instituted by her under the 125 of the Code of Criminal Procedure, 1973, are pending, in which the non-applicant/husband is already appearing. The distance is more than 800 kms. 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 and Sangamitra Ramakant Royalwar Vs. Ramakant Gangaram Royalwar, 2009 (1) Mh.L.J. 303, Petition No. A-52 of 2020 pending on the file of learned Family Court, Bandra at Mumbai, is hereby transferred to the learned Family Court No.3, Nagpur.

4.

The applicant through counsel shall appear

2 15-MCA No.326.2021 before the learned Family Court No.3, Nagpur, on 07.10.2022 and place a copy of this order before the learned Family Court No.3, Nagpur, to apprise the Court of this order.

5.

The applicant through counsel shall place a copy of this order before the learned Family Court, Bandra at Mumbai, to apprise it of the present order and to enable it to transmit the record and proceedings to the learned Family Court No.3, Nagpur.

6.

Both the matters shall be kept on the same date by the learned Family Court No.3, Nagpur, in order to avoid any inconvenience to the non-applicant/husband.

7.

In case there are Video Conferencing facilities available with the Family Court No.3, Nagpur, 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 No.3, Nagpur shall be done through the Video Conferencing.

8.

The application is allowed and disposed of. No costs.

JUDGE BHIMRAO JANARDHAN 11:10 Kirtak