Sau. Aditi W/O Vikas Shah v. Shri Vikas S/O Bishnupad Shah

(1) 17.mca.180.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.180 OF 2022 Sau. Aditi w/o Vikas Shaha Vs.

Vikas s/o Bishnupad Shaha ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N. R. Bhishikar, Advocate for applicant.

Ms. Radhika Bhusare, Advocate h/f Mr. Rohit Joshi, Advocate for non-applicant. CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1.

Though Ms. Radhika Bhusare, learned counsel for the non-applicant opposes, considering that D.V. proceedings has already been instituted by the applicant/wife at Bhadrawati, in which the non-applicant is already appearing, it would be appropriate, considering that the applicant is a permanent resident of Bhadrawati, to transfer the Hindu Marriage Petition No.205 of 2021 instituted by the non-applicant before the 2nd Civil Judge Senior Division, Wardha, to the Court of Civil Judge Senior Division, Warora, which is hardly a distance of around 22.1 Kms from Bhadrawati, and in view of what has been held in D Raja Rajeshwari Vs. R. Satish Kumar 2022(2) SCC 329, Hindu Marriage Petition No.205 of 2021 is hereby transferred to the Court of Civil Judge Senior Division, Warora.

2.

The parties through counsel shall appear before the Civil Judge Senior Division, Warora on

(2) 17.mca.180.2022 26.9.2022 and place a copy of this order before the learned Court to apprise it of the same and so also the non-applicant through counsel shall appear before the Civil Judge Senior Division, Wardha on 22.9.2022 and to place a copy of this order before the learned Court, so also to apprise it of the same and to enable it to transmit the R & P to the Civil Judge Senior Division, Warora. 3.

The application is accordingly allowed. No costs.

JUDGE Sarkate SARKATE 12:53