Mrs. Sonia Vivek Khobragade v. Mr. Vivek Ganpatrao Khobragade

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.02.02 15:12:17 +0530 ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 57 OF 2019 MRS. SONIA VIVEK KHOBRAGADE ....APPLICANT V/s.

MR. VIVEK GANPATRAO KHOBRAGADE .....RESPONDENT Mr. Satyadev D. Joshi a/w Devendra Singh advocate for the Applicant Mr. Hitesh P. Vyas for Respondent Mr. Vivek G. Khobragade respondent in person present CORAM :

NITIN W. SAMBRE, J.

DATE:

FEBRUARY 2, 2022.

P.C.:

1) Learned counsel for the Applicant submits that proceedings being PA No. 1074/2016 needs to be transferred from Family Court Pune to Family Court, Mumbai (Bandra) as the Appliclant will suffer hardship in attending the proceedings at Pune. It is further claimed by the Applicant that non-applicant husband is attending domestic violence report proceedings in Mumbai Court which are filed by the Applicant-Wife before the Addl. Chief Metropolitan Magistrate, 24th 1/3

Court, Borivali. As such, it will be in the interest of both that proceedings P.A. No. 1074/2016 for divorce initiated under Section 13 (1) (I) 13(1) (ia) of the Hindu Marriage Act be ordered to be transferred to Mumbai.

2) Prayer is opposed by the counsel for the Respondent on the ground that already Family Court, Pune awarded expenses in favour of the Applicant-wife.

3) Considered submissions.

4) Counsel for the non-Applicant on instructions has graciously consented for payment of amount of Rs. 3000/- towards travel and out of pocket expenses to the Applicant on each date when Applicant-wife physically attend the proceedings at Pune. 5) Since the aforesaid statement is made on instructions, same is accepted as an undertaking to this Court.

6) As such, Application can be disposed of by following order. 7) Non-Applicant husband shall deposit amount of Rs. 6000/- before the Family Court, Pune in pending proceedings P.A. No. 1074/2016 on each date when Applicant-wife physically attends Suit 2/3

proceedings, she will be entitled to withdraw Rs. 3000/- towards travel and out of pocket expenses.

8) With above observations, Application stands disposed of. [NITIN W. SAMBRE, J.] 3/3