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Bombay High CourtMCA/700/2022allowed

Smt. Aarti W/O Bhanuprasad Pandey v. Bhanuprasad S/O Bhavaniprasad Pandey

2022-11-25Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 81mca700.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 700 OF 2022 Smt. Aarti Bhanuprasad Pandey__ Vs. ___Bhanuprasad Bhavaniprasad Pandey --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. D.B.Walthare, Advocate for applicant Mr. A.M.Quazi, Advocate for Non-applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 25/11/2022 1] The application seeks transfer of Petition No.D/11/2021 and Petition No. A/178/2021 instituted by the husband in the Family Court, Bhandara to the Family Court, Nagpur, on the ground that the proceedings bearing Misc. Criminal Application No. 3032/2022 under Section 12 of the D.V.Act instituted by the applicant/wife are pending in the Court of JMFC, Nagpur.

2] Though Shri Quazi, learned counsel for the respondent opposes the application, however, in view of what has been held in D. Raja Rajeswari Vs. R. Satish Kumar (2022) 2 SCC 329, and Sangamitra w/o Ramakant Royalwar Vs. Ramakant s/o Gangaram Royalwar, 2009 (1) Mh.L.J. 303, Petition No.D/11/2021 and Petition No. A/178/2021 pending on the file of Family Court, Bhandara is hereby transferred to the Family Court, Nagpur.

(2) 81mca700.22 3] The parties shall appear before the Family Court, Nagpur on 02/12/2022 through counsel and place a copy of this order before him to apprise him of the same. The parties shall also appear before the Family Court, Bhandara, through counsel and place a copy of this order before the learned Court in order to apprise him of the same and so also to enable him to transfer the record to the Family Court, Nagpur.

4] In case there is video conferencing facility available with the Family Court, Nagpur, any application filed by the respondent for appearing in the proceedings through video conferencing shall be taken into consideration unless the personal physical presence is desired by the court.

5] The Misc. Civil Application is allowed accordingly. No order as to costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: