Shweta W/O Ashish Yelave v. Ashish S/O Sureshrao Yelave

(1) 22mca371.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 371 OF 2022 Shweta Ashish Yelave @ Shweta Uttam Lahabar__ Vs. ___Ashish Suresh Yelave --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. G.N.Shnide, Advocate for applicant None for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1] Learned counsel for the respondent is absent.

2] The application seeks to transfer HMP No.287/2022 instituted by Non-applicant before the Civil Judge Senior Division, Thane to the Family Court at Nagpur.

3] Domestic Violence proceedings instituted by the applicant are already pending before the Judicial Magistrate, First Class, Nagpur in which the nonapplicant is already appearing. Considering what has been held in Sangamitra Ramakant Royalwar vrs. Ramakant Gngaram Royalwar, 2009 (1) Mh.L.J. 303 regarding jurisdiction and in D.Raja Rajeshwari vrs. R. Satish Kumar, (2022) 2 SCC 329, regarding the transfer, HMP No. 287/2022 pending on the file of Civil Judge,

(2) 22mca371.22 Senior Division, Thane is hereby transferred to the Family Court, Nagpur.

4] The applicant shall appear through her counsel before the Family Court, Nagpur, on 26.9.2022 and place a copy of the order before the learned Court to apprise it of the same. The applicant shall also appear before the Civil Judge, Senior Division, Thane, through her counsel on 23.9.2022 and place copy of this order before the learned Court to apprise it of the same, so as enable it to transmit the R&P to the learned Family Court, Nagpur.

5] The Application is allowed in above terms.

No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: