Sau. Madhuri W/O Chandrakant Newalkar v. Shri Chandrakant S/O Rameshwar Newalkar

(1) 943mca582.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 582 OF 2022 Madhuri Chandrakant Newalkar__ Vs. ___Chandrakant Rameshwar Newalkar --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.S.Suryawanshi, Advocate for applicant Mr. N.A.Jachak, Advocate for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 30/09/2022 1] Heard Mr. Suryawnashi, learned counsel for the applicant and and Mr. Jachak, learned counsel for the non-applicant.

2] Though Mr. Jachak, learned counsel for the non-applicant vehemently objects for transfer, considering the fact that proceedings under Section 9 of the Hindu Marriage Act and so also under Section 125 of Cr.P.C are pending in the Courts at Nagpur and in view of what has been held in D.Raja Rajeshwari vrs. R. Satish Kumar, (2022) 2 SCC 329, HMP No.304/2022 filed by the non-applicant and pending before the learned 4th Civil Judge, Senior Division, Chandrapur is hereby transferred to the Family Court, Nagpur.

3] The parties shall appear through their counsel before the Family Court, Nagpur on 10.10.2022 and place a copy of this order before it to apprise it of the

(2) 943mca582.22 same. The non-applicant through counsel shall also appear before the 4th Civil Judge, Senior Division, Chandrapur, on 07.10.2022 and place a copy of this order before the learned Court to apprise it of the same and to enable to transmit the R&P to the Family Court, Nagpur.

4] The learned Family Court shall ensure that all the matters between the parties shall be fixed on the same date, so as to avoid any inconvenience to the nonapplicant. 5] Since, Video Conferencing facilities are available at Nagpur, the physical presence of the nonapplicant shall not be insisted, unless so required by the learned Family Court.

6] The Application is allowed in above terms.

No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: