Allowed
Smita Deven Prabhudesai v. Deven Ramchandra Prabhudesai
Bombay HCMCA/87/2023
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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52-MCA-87-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 87 OF 2023
SMITA DEVEN PRABHUDESAI)...APPLICANT
V/s.
DEVEN RAMCHANDRA PRABHUDESAI)...RESPONDENT
Ms. Rukmini Khairnar a/w Mr. Pratik Rahade, Advocate for the
Applicant.
Mr. Monish K. Vig, Advocate for the Respondent.
CORAM:ABHAY AHUJA, J.
DATE:3rd NOVEMBER 2023
P.C.:
1. This is an application seeking transfer of restitution proceedings
filed by the Respondent-husband before the Family Court at Nasik to
the Court of Civil Judge, Senior Division at Ratnagiri, where the
Applicant-wife has filed a divorce petition.
2.Mr. Vig, learned Counsel for the Respondent submits that he has
instructions to state that the Respondent has no objection to the
transfer, except that on dates when the Respondent’s presence is not
required, he may be permitted to appear through video conferencing.
Nikita Gadgil
1/2
52-MCA-87-2023.doc
3. Ms. Khairnar, learned Counsel for the Applicant has no objection if such an order is passed.
4. Having heard the learned Counsel and having perused the application, this Court is of the view that the application be allowed in terms of prayer clause (a).
5.The restitution proceedings being HMP No.A-648/2022 be
transferred to the Court of Civil Judge, Senior Division at Ratnagiri,
where the Marriage Petition bearing No. 176 of 2021, filed by the wife
is pending.
6.It is made clear that the Respondent would be entitled to attend
the proceedings before the Court of Civil Judge, Senior Division at
Ratnagiri by video conferencing on dates when his physical presence is
not required, upon an application made to the Court at Ratnagiri in
that behalf.
7. Application stands disposed of as above.
(ABHAY AHUJA, J.)
Nikita Gadgil
2/2
SMITA DEVEN PRABHUDESAI
DEVEN RAMCHANDRA PRABHUDESAI
ABHAY AHUJA
As recorded by the court registry
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