Deepti W/O Kishore Jane And Another v. Kishore S/O Ramhari Jane

2025:BHC-NAG:106 37.appln.131.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.131 OF 2024 (Deepti w/o Kishore Jane and anr. Vs. Kishore s/o Ramhari Jane) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. D.P. Dapurkar, Advocate for the applicant. Mr. B.K. Shuchak, Advocate for the non-applicant. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY 2, 2025 The applicant appeared through Video Conferencing.

2.

This is an application filed under Section 447 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the applicant is seeking transfer of proceedings bearing petition No.E-376 of 2023 pending before the Family Court No.2, Nagpur to the Family Court, Amravati. 3.

As per the contention of the applicant at the time of filing the petition, she was residing at Nagpur and subsequently, she relocated at Amravati due to some reasons. She further submitted that she is also serving in HDFC ERGO General Insurance Company Ltd. as Agency Manager and resides at Amravati. During the pendency of the petition for grant of maintenance, she has also received the summons of the divorce petition filed by the non-applicant in the Family Court, Amravati. Thus, the another petition filed by the non-applicant bearing No.A/155/2023 is also pending before the Family Court, Amravati.

37.appln.131.24.odt 4.

Considering the reasons, the petition filed by her before the Family Court, Nagpur bearing No. E-376/2023 be transferred to the Family Court, Amravati. Moreover, the distance between the Amravati to Nagpur is 150 kilometers. Being she is in service it is difficult for her to attend the proceedings and another proceeding is already pending before the Family Court, Amravati. In view of that, the application is allowed.

5.

Learned Counsel for non-applicant No.2 appeared and has no objection for transferring the petition No.E-376/2023 pending before the Family Court No.2, Nagpur to the Family Court, Amravati.

6.

Considering the reasons mentioned in the application and considering the fact that another petition is already pending before the Family Court, Amravati, it would be appropriate to transfer this petition also to the Family Court, Amravati. In view of that, I proceed to pass the following order.

(i) The application is allowed.

(ii) The petition No.E-376/2023 pending before the Judge, Family Court No.2, Nagpur is withdrawn and transferred to the Family Court, Amravati.

(iii) Both parties shall appear before the Family Court, Amravati on 21/01/2025.

7.

The application is disposed of (URMILA JOSHI-PHALKE, J.) *Divya