Sau. Swati Chandrashekhar Dange v. Chandrashekhar Subhashrao Dange

mca.986.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [MCA] No.986 of 2016 (Sau. Swati Chandrashekhar Dange vs.

Chandrashekhar Subhashrao Dange) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri U.J. Deshpande, Advocate for the Applicant.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th DECEMBER, 2016.

Heard the learned Counsel for the applicant. None appears for the non-applicant, though duly served. The record shows that the non-applicant has been given sufficient time to file his reply. However, the opportunity, so given to him, has not been availed of by him. It is clear that the non-applicant does not wish to contest this application. Even otherwise from the contentions raised in this application, it appears that there are two proceedings initiated against the non-applicant by the applicant, one under Section 125 of the Code of Criminal Procedure and the other under Section 12 of the Protection of Women from Domestic Violence Act, and both are pending before the Courts of Magistrate at Akola. Pendency of these proceedings at Akola would necessitate the non-applicant to go to Akola in any case.

mca.986.16 2 In the circumstances, I am of the view that this application deserves to be allowed, especially when no contest to this application has been raised by the non-applicant. The application is allowed. H.M.P. No.54/2016 pending before the court of Civil Judge Senior Division, Mangrulpir is directed to be transferred to the Court of Civil Judge Senior Division, Akola for disposal in accordance with law. No costs.

The application is disposed of accordingly.

*sdw JUDGE