Rubina Parveen W/O Shaikh Javed v. Shaikh Javed Shaikh Babbu

(1) 29mca384.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 384 OF 2020 Rubina Parveen Shaikh Javed __ Vs. ___Shaikh Javed Shaikh Babbu --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A.B.Mirza, Advocate for the applicant Mr. R.V.Gahilot, Advocate for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1] The application seeks transfer of B-Petition No. 1 of 2020 pending on the file of Family Court, Buldana to the Court of Civil Judge, Junior Division, Balapur, District Akola, where the DV proceedings filed by the wife are pending.

2] Though the transfer is objected by Mr.Gahilot, learned counsel for the respondent, however, considering what has been held by the Hon'ble Apex Court in D. Raja Rajeswari Vs. R. Sathish Kumar (2022) 2 SCC 329, B-Petition No.1/2020 is transferred to the Civil Judge, Junior Division, Balapur, District Akola. 3] The parties shall appear before the Civil Judge, Junior Division, Balapur, District Akola, on 02/12/2022 through counsel and place a copy of this order before him to apprise him of the same. The parties shall also appear before the Family Court, Buldana,

(2) 29mca384.20 through counsel and place a copy of this order before the learned Court in order to apprise him of the same and so also to enable him to transfer the record & proceedings to the Civil Judge, Junior Division, Balapur, District Akola.

4] In case there is video conferencing facility available with the Family Court, Nagpur, any application filed by the respondent for appearing in the proceedings through video conferencing shall be taken into consideration unless the personal physical presence is desired by the Court.

5] The Misc. Civil Application is allowed accordingly. No order as to costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: