Bombay High CourtMCA/443/2022allowed

Sau. Minal W/O Tushar Ambodkar v. Shri Tushar S/O Jagannath Ambodkar

2022-09-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 25mca443.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 443 OF 2022 Minal Tushar Ambodkar__ Vs. ___Tushar Jagannath Ambodkar --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P.S.Girdekar, Advocate for applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1] Though the non-applicant is served, none appears.

2] The application seeks transfer of HMP No.

118/2020 filed by the non-applicant before the Civil Judge Senior Division, Bhusawal to the Family Court at Akola.

3] Considering that proceedings under Section 125 of Cr.P.C. and so also under Section 12 of the Domestic Violence Act and under Section 9 of the Hindu Marriage Act instituted by the applicant are already pending at Akola, in which the non-applicant has appeared and in view of what has been held in D.Raja Rajeshwari vrs. R. Satish Kumar, (2022) 2 SCC 329, HMP No. 118/2020 instituted by the non-applicant before the Civil Judge, Senior Division, Bhusawal, is hereby transferred to the learned Family Court at Akola. 4] The parties through counsel shall appear before the learned Family Court, Akola on 26.9.2022 and place a copy of this order before it to apprise it of the

(2) 25mca443.22 same. The non-applicant through counsel shall appear before the Civil Judge, Senior Division, Bhusawal, on 22.9.2022 and place a copy of this order before the Court to apprise it of the same, so as to enable it to transmit the R&P to the Family Court, Akola.

5] The Application is allowed in above terms.

No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: