Kalindi Sunil Mohite v. Jayshree Amol Mohite

2024:BHC-AS:47027

12. MCA 21 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 21 OF 2024 Kalindi Sunil Mohite ...Applicant vs.

Jayshree Amol Mohite and Anr.

...Respondents

***** Adv. Poonam Pal i/by Adv. Sachin Hande Advocate for the Applicant ***** CORAM :

S. M. MODAK, J.

DATE :

29th NOVEMBER 2024 P. C. :- 1.

Heard learned Advocate for the Applicant-Mother-in-law. The opponent is daughter-in-law of the Applicant. 2.

There is domestic violence proceeding initiated by the daughterin-law before the Court of the JMFC Akola and mother-in-law wants it transfer to the Court of the JMFC, Sangli.

3.

In fact Amol-husband of the opponent is no more. It is difficult for Applicant- mother-in-law to attend the Akola Court from Sangli. She is also aged. The Respondent could not be served because the bailiff report mentions that she had gone for residence at some other Seema 1/2

12. MCA 21 of 2024.doc place. Further steps for service are not taken. 4.

For the reasons stated hereinafter, I am not inclined to accept the request for transfer. Even though it may be true that for the Applicantmother-in-law, it is difficult to travel from Sangli to Akola, but same is true for the opponent daughter-in-law.

5.

It is also true that age is against the Applicant-mother-in-law but still I am not inclined to allow transfer request because in domestic violence proceeding, the physical presence is not required. The Applicant-mother-in-law can certainly participate the domestic violence proceeding at Akola by appointing an advocate and with assistance of her relatives, who can go to Akola. Even she can appear through video conferencing, if that facility is available. 6.

With these observations, the Misc. Civil Application is disposed of.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 05/12/2024 16:04:50