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Bombay High CourtMCA/1087/2019admittedallwdgrantedrule absolute

Sau. Ankita W/O Shreyas Dhamore v. Shreyas S/O Suresh Dhamore

2020-01-09Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

mca 1087.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISCELLANEOUS CIVIL APPLICATION (TR) NO. 1087 OF 2019 [Sau. Ankita w/o Shreyas Dhamore Vs. Shreyas s/o Suresh Dhamore] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S. S. Alaspurkar, Advocate for the applicant None for the respondent/non-applicant.

CORAM : M. G. GIRATKAR, J.

DATE : 09/01/2020 Heard learned Counsel Shri Alaspukrkar for the applicant.

2.

None appears for the respondent/nonapplicant, though served. 3.

This is an application for transfer of H.M.P. No.A/114/2019 pending before Principal Judge, Family Court, Akola to Family Court, Amravati. The applicant is residing at Amravati with her parents. She has filed application for grant of maintenance under Section 125 of the Code of Criminal Procedure before Family Court at Amravati. It was filed on 13.09.2019. The applicant is unable to attend the Court at Akola. She is having 99% disability. Copy of Disability Certificate issued by Medical Board is filed on record. The respondent/non-applicant has to appear before the Family Court at Amravati in proceeding under Section 125 of the Code of Criminal Procedure. If the H.M.P. No.A/114/2019 is transferred to

mca 1087.2019.odt the Family Court, Amravati, then no prejudice will likely to be caused to the respondent/non-applicant. Hence, the following order:

(i) The Civil Application is allowed.

(ii) H.M.P. No.A/114/2019 pending before the Principal Judge, Family Court, Akola is hereby transferred to the Family Court, Amravati.

(iii) Family Court, Amravati is directed to keep both these proceedings as far as possible on the same date.

Accordingly, the application is disposed of.

JUDGE SMGate