Shubhangi Nikhil Ukirde v. Nikhil Eknath Ukirde

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 224 OF 2024 Shubhangi Nikhil Ukirde ...Applicant

Versus

Nikhil Eknath Ukirde

...Respondent

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.01.14 10:32:30 +0530 Mr. Pratik Pawar, for the Applicant.

Mr. Narayan Rokade, a/w Siddharth Ghodke, Abhang Suryawanshi and Harishchandra Jadhav, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATED:

10th JANUARY, 2025 PC:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for transfer of Hindu Marriage Petition No.131 of 2024 pending on the file of the learned Civil Judge, Senior Division, Khed, District Pune, to the Family Court at Nashik.

3.

The learned Counsel for the applicant submits that the applicant - wife has instituted a proceeding under the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate, First Class, Nashik. 4.

The learned Counsel for the respondent submitted that, in the event, the Court is persuaded to transfer the 1/3

proceedings to the Family Court at Nashik, liberty may be granted to the respondent - husband to appear before the Court through Video Conferencing.

5.

As the applicant is residing at Nashik and the proceedings under the Protection of Women from Domestic Act has also been filed before the Court of Judicial Magistrate, First Class, Nashik, it may be expedient in the interest of justice to transfer the Hindu Marriage Petition No.131 of 2024 to the Family Court at Nashik. 6.

Hence, the following order : O R D E R :

(i) The application stands allowed in terms of prayer clause (a).

(ii) Hindu Marriage Petition No.131 of 2024 pending on the file of the learned Civil Judge, Senior Division, Khed, District Pune, stands transferred to the Family Court at Nashik, for hearing and disposal in accordance with law.

(iii) The learned Civil Judge at Khed shall transfer the record and proceedings in Hindu Marriage Petition No.131 of 2024 with such dispatch that it reaches the 2/3

Family Court at Nashik within a period of four weeks from the date of communication of this order. (iv) The learned Judge, Family Court at Nashik is requested to allow the respondent - husband to appear through Video Conferencing.

(v) However, it is made clear that if the Family Court passes an order directing the respondent - husband to personally appear before the Court, the respondent - husband shall appear in-person before the Family Court at Nashik as and when directed.

(vi) Application stands disposed.

No costs.

[N. J. JAMADAR, J.] 3/3