Appaso Machindra Gadade v. Kanchan Appaso Gadade

22 appln 35.23.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPLN.) NO. 35 OF 2023 Appaso Machindra Gadade .Vs.

Smt. Kanchan Appaso Gadage _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Ashish Fule, Advocate for applicant.

Smt. Kanchan Appaso Gadage in person CORAM :

G.A. SANAP, J.

DATE :

13/07/2023 Pursuant to the service of notice, non-applicant has appeared before this Court. She submits that she has no resources to travel from Akola to Nagpur. She further submits that she has been residing there with her 2 1⁄2 years child. The non-applicant has therefore, objected for this application.

2.

On going through the application and particularly the reasons for transfer, I am not convinced that it is just and proper. The proceedings pending before the learned Family Court, Akola is for maintenance under Section 125 of Cr.P.C. It is seen that transfer of this proceedings from Akola to Nagpur would cause incomparable hardship to the non-applicant. Therefore, the prayer cannot be allowed. Accordingly the application

22 appln 35.23.odt..odt is rejected.

3.

Learned Advocate for the applicant submits that if the prayer is made by the applicant to appear viavideo conferencing then the same may be directed to be considered by the learned Judge of the Family Court. 4.

In the facts and circumstances, it is made clear that as and when the application is made by the applicant/ husband to appear in the proceeding via-video conferencing, it be considered in accordance with law. (G. A. SANAP, J.) manisha