Soniya W/O Suraj Gupta v. Suraj S/O Shudhakar Gupta

1 6-MCA No.640.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.

OF 2021 Soniya W/o Suraj Gupta ..VS.. Suraj S/o Shudhakar Gupta - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the parties.

CORAM : AVINASH G. GHAROTE, J.

DATED : 30 th September, The learned Counsel for the applicant is absent. None appears for the respondent though served. 2.

The application seeks transfer of Hindu Marriage Petition No. 226 of 2018 pending on the file of 2nd Jt. Civil Judge, Senior Division, Buldhana instituted by the husband, to the learned Family Court, Nagpur, where the applicant/wife is residing and the proceedings instituted by her under the 125 of the Code of Criminal Procedure, 1973 are pending at Nagpur, in which the non-applicant/husband is already appearing. The distance is nearly 350 kms.

3.

In view of what has been held in D. Raja Rajeswari Vs. R. Satish Kumar, (2022) 2 SCC 329, regarding the convenience of the wife, Hindu Marriage Petition No. 226 of 2018 pending on the file of the learned 2nd Jt. Civil Judge, Senior Division, Buldhana, is hereby transferred to the learned Family Court, Nagpur.

2 6-MCA No.640.2021 4.

The parties through their counsel shall appear before the learned Family Court, Nagpur, on 07.10.2022 and place a copy of this order before the learned Family Court, Nagpur, to apprise the Court of this order. 5.

The parties through their counsel shall place a copy of this order before the learned 2nd Jt. Civil Judge, Senior Division, Buldhana, to apprise it of the present order and to enable it to transmit the record and proceedings to the learned Family Court, Nagpur. 6.

Both the matters shall be kept on the same date by the learned Family Court, Nagpur, in order to avoid any inconvenience to the non-applicant/husband. 7.

As there are Video Conferencing facilities available with the Family Court, Nagpur, the personal presence of the non-applicant/husband shall not be insisted upon and as far as possible, his appearance through Video Conferencing will be permitted. Even the recording of the evidence of the non-applicant/husband as well as the witnesses, if deemed appropriate by the Family Court, Nagpur shall be done through the VC. 8.

The application is allowed and disposed of.

No costs.

JUDGE BHIMRAO JANARDHAN 16:34 Kirtak