Neha W/O Prashak Bawaskar v. Prashak S/O Vishwanath Bawaskar

1 31 mca 833-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.833/2023 Smt Neha w/o Prashak Bawaskar Vs. Prashak s/o Vishwanath Bawaskar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.L. Jaiswal, Advocate for applicant Shri D.S. Patil, Advocate for non-applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

19/12/ The present application is filed by applicant for transfer of Divorce Petition No.A/207/2023 pending on the file of learned Family Court, Akola to the learned Family Court, Nagpur.

2.

The applicant is legally wedded wife of non-applicant. Their marriage came to be performed on 07/05/2016 at Indore, Madhya Pradesh. Out of their wedlock, they have blessed with a child aged about 61/2 years and taking education at Nagpur. It is contention of applicant that due to differences and ill treatment, she was constrained to leave her matrimonial house and started to reside with her parents house.

3.

Though the learned Counsel for nonapplicant vehemently opposed the application and submitted that job of applicant is transferable.

2 31 mca 833-2023 However, considering the inconvenience which is going to cause to the applicant, I am satisfied that the application needs to be allowed.

4.

The inconvenience to non-applicant can be taken care of by permitting the applicant to appear through video conference. Accordingly, I proceed to pass the following order:

O R D E R

i) The application is allowed.

ii) The proceeding i.e. Divorce Petition No.A/207/2023 pending on the file of learned Family Court, Akola is hereby withdrawn and transferred to learned Family Court, Nagpur.

iii) The learned Principal Judge, Akola is requested to facilitate the transfer.

iv) Parties to appear before the learned Family Court, Nagpur on 09/01/2024.

v) The non-applicant is permitted to appear through video conference except on the date when Court requires his personal attendance.

The application stands disposed of accordingly.

JUDGE R.S. Sahare