Sau. Deepali W/O Narendra Dagamwr v. Narendra Wamanrao Dagamwar

(1) 926.mca.499.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO.499 OF 2022 Sau. Deepali w/o Narendra Dagamwar Vs.

Narendra Wamanrao Dagamwar ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. V. Bhide, Advocate for applicant.

Smt. S. D. Paul, Advocate for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 23/09/2022 1.

The application seeks transfer of Petition No.A-715 of 2022 pending before the Family Court, Nagpur to the Civil Judge Senior Division, Pandharkawada, on the ground that applicant/wife resides at Wani, which is near to Pandharkawada and it is not possible for her to visit Nagpur for attending the aforesaid petition.

2.

Ms. Paul, learned counsel for the non-applicant submits that in the other Petition No.A-263 of 2020 under Section 9 of the Hindu Marriage Act, an application for withdrawal of the same has already been filed and only formal orders regarding withdrawal remains to be passed. Considering what has been held in D. Raja Rajeshwari Vs. R. Satish Kumar 2022 (2) SCC 329, the Petition No. A-715 of 2022 pending on the file of learned Family Court, Nagpur is

(2) 926.mca.499.2022 hereby transferred to the learned Civil Judge Senior Division, Pandharkawada.

3.

The parties through counsel shall appear before the learned Civil Judge Senior Division, Pandharkawada on 3.10.2022 and place a copy of this order before the learned Court to apprise it of the same. 4.

The parties through counsel shall appear before the learned Family Court, Nagpur and place a copy of this order before the learned Court to apprise it of the same, so as to enable it to transmit the record and proceeding to the learned Civil Judge Senior Division, Pandharkawada.

5.

In case, it is permissible, the learned Civil Judge Senior Division, Pandharkawada shall consider the request of the non-applicant, to appear through video conferencing, if such facilities are available. 6.

The application is accordingly allowed, in the above terms. No costs.

JUDGE Sarkate SARKATE 15:00