Mrs. Karishma Bhavesh Raut v. Mr. Bhavesh Ajit Raut
(34) MCA-76-20.doc BDP-SPS Bharat D.
Pandit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by Bharat D.
Pandit Date: 2021.03.01 20:08:01 +0530 CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.76 OF 2020 Mrs. Karishma Bhavesh Raut ..... Applicant.
V/s Mr. Bhavesh Ajit Raut ...... Respondent.
Mr. Rajesh A. More for the Applicant.
Ms. Arpna Bhosale i/b Mr. Vijay Kurle for the Respondent. CORAM: NITIN W. SAMBRE, J.
DATE: FEBRUARY 25, 2021 P.C.:- 1] Applicant-wife has preferred this Application seeking transfer of H.M.P. No.481 of 2019 initiated under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights to the Family Court Pune from the Court at Vasai.
2] The ground of hardship is pressed into service so as to substantiate the prayer for transfer.
3] The learned Counsel for the non-applicant would urge that considering distance between Vasai and Pune, it is not difficult for the Applicant to travel to Vasai from Pune to attend the proceedings for 1/2
(34) MCA-76-20.doc restitution of conjugal rights, as Applicant herself has withdrawn from the company of non-applicant after marriage. She would further urge that, at the most, actual travel expenses can be paid to the Applicant for attending the proceedings at Vasai Court. 4] In the aforesaid backdrop, after considering the rival submissions, in my opinion, Application can be disposed of with the following order.
5] The non-applicant/husband shall deposit an amount of Rs 15,000/- with the Court of Civil Judge, Senior Division, Vasai in pending H.M.P. No.481 of 2019. On each date when Applicant-wife physically attends the Court of Civil Judge, Senior Division, Vasai, she will be entitled to claim the amount of Rs 7,500/- on each such date. It shall be the bounden duty of the non-applicant/husband to maintain the balance of Rs 15,000/- by topping up the amount till final disposal of the said proceedings.
6] Application stands disposed of in the aforesaid terms. ( NITIN W. SAMBRE, J. ) 2/2