Sau. Kiran W/O Vishal Ambatkar v. Shri Vishal S/O Diliprao Ambatkar
1 9-MCA No.1182.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.
OF 2019 Sau. Kiran W/o Vishal Ambatkar ..VS.. Shri Vishal S/o Diliprao Ambatkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Uttam Chakarwarty, Advocate h/f Mr. S.S. Shingane, Advocate for applicant.
CORAM : AVINASH G. GHAROTE, J.
DATED : 30 th September, Heard Mr. Uttam Chakarwarty, learned counsel holding for Mr. S.S. Shingane, learned counsel for the applicant. None appears for respondent though served.
2.
The application seeks transfer of Hindu Marriage Petition No. 234 of 2019 pending on the file of Civil Judge, Senior Division, Parbhani, instituted by the husband, to the learned Civil Judge, Senior Division, Amravati, where the applicant/wife is residing at Jarud, Tq. Warud, which is nearest to Amravati and the proceedings instituted by her under the Protection of Women from Domestic Violence Act, 2005 are pending, at Judicial Magistrate, First Class, Warud, in which the non-applicant/husband is already appearing.
3.
In view of what has been held in D. Raja Rajeswari Vs. R. Satish Kumar, (2022) 2 SCC 329, regarding the convenience of the wife, Hindu Marriage
2 9-MCA No.1182.2019 Petition No. 234 of 2019, pending on the file of the learned Civil Judge, Senior Division, Parbhani, is hereby transferred to the learned Civil Judge, Senior Division, Amravati.
4.
The applicant through counsel shall appear before the learned Civil Judge, Senior Division, Amravati, on 07.10.2022 and place a copy of this order before the learned Civil Judge, Senior Division, Amravati, to apprise the Court of this order.
5.
The applicant through counsel shall place a copy of this order before the learned Civil Judge, Senior Division, Parbhani, to apprise it of the present order and to enable it to transmit the record and proceedings to the learned Civil Judge, Senior Division, Amravati. 6.
Both the matters shall be kept on the same date by the learned Civil Judge, Senior Division, Amravati, in order to avoid any inconvenience to the non-applicant/husband.
7.
In case there are Video Conferencing facilities available with the Civil Judge, Senior Division, Amravati, the personal presence of the non-applicant/husband shall not be insisted upon and as far as possible, his appearance through Video Conferencing will be permitted. Even the recording of the evidence of the nonapplicant/husband as well as the witnesses, if deemed appropriate by the Civil Judge, Senior Division, Amravati shall be done through the Video Conferencing.
3 9-MCA No.1182.2019 8.
The application is allowed and disposed of. No costs.
JUDGE Kirtak BHIMRAO JANARDHAN 11:10