Mayuri W/O Pankaj Gaurkar v. Pankaj Prakash Gaurkar And Others

2023:BHC-NAG:17078 1 appln 68.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APPLN) No.

of 20 [Mayuri W/o Pankaj Gaurkar ..vs.. Pankaj Prakash Gaurkar and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. R. Ingole, Advocate for the applicant CORAM : ANIL L. PANSARE J .

DATED : 12-12 -202 By the present application, the applicant - wife is seeking transfer of the proceedings filed by her under the Protection of Women from Domestic Violence Act (D.V. Act) before the Court at Saoner, District Nagpur. 2.

According to the applicant, her daughter is in 2nd Standard and requires attention. When enquired, learned counsel for the applicant submits that daughter has been born in the year 2016. The proceedings under D.V. Act were filed in the year 2021. Learned Sessions Court noted that the applicant herself chose to file proceedings at Saoner despite the fact that she is residing at Nagpur. The Sessions Court has then noted that the applicant failed to show any cogent reason for transfer. 3.

When enquired, learned counsel for the applicant submits that the case is now fixed for evidence. 4.

It will hardly take one or two days to complete evidence. The applicant, thereafter need not attend the Court and may give necessary instructions to her Advocate. In that sense, her presence before the Court at Saoner may be required only under exceptional

2 appln 68.2023.odt circumstances. The applicant is further at liberty to use a video conferencing facility for all purposes including recording evidence. I do not, therefore, find any reason to transfer the proceedings as requested. The application is accordingly rejected.

(Anil L. Pansare, J.) wasnik