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Bombay High CourtMCA/207/2024allowed

Ameya Yashwant Mehar v. Deepali Ameya Mehar

2024-09-20Hon'Ble Justice Kamal Khata2 pages

p6.mca.207.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 207 OF 2024 Ameya Yashwant Mehar .. Applicant

Versus

Deepali Ameya Mehar .. Respondent ....................

 Mr. Mohan N. Pillai, Advocate for Applicant.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 20, 2024.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Pillai, learned Advocate for Applicant. 3.

Mr. Pillai states that date before the learned Trial Court at Nagpur is on 24.09.2024. He would submit that Applicant - husband will have to travel all the way to Nagpur and therefore he seeks urgent intervention of the Court. Application under Section 9 of the Hindu Marriage Act, 1955 is filed by Respondent - wife in the Family Court at Nagpur.

4.

Mr. Pillai's grievance is that Applicant - husband has attended the proceedings 5 times at Nagpur in the last one year. Grounds of hardship would be otherwise equally applicable to Respondent - wife also and considering the imprimatur of the

p6.mca.207.24.doc Supreme Court in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha1, the convenience of the wife will have to be looked at, undoubtedly after hearing the Applicant. Though, Mr. Pillai states that he wants the present Misc. Civil Application to be taken up immediately in order to relieve from going to Nagpur, I am not inclined to do so.

5.

However, at his persistent request, I am listing the Misc. Civil Application on 23rd September 2024. To be listed under the caption "First on Board".

6.

However, Respondent - wife if so desired can appear on VC from Nagpur. She need not come to Mumbai. Server copy of this order shall be served on the Respondent - wife and her Advocate by email by Mr. Pillai, Advocate for Applicant - husband. 7.

On the next adjourned date, considering the Misc. Civil Application further order will be passed.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.09.20 15:09:21 +0530 AJAY TRAMBAK UGALMUGALE AIR 2022 SC 4318