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Bombay High CourtMCA/65/2014dismissed

Mrs. Shilpa Sharad Ambole v. Shri Sharad Shrikant Ambole

2015-06-26Hon'Ble Shri Justice Ravi K. Deshpande3 pages

rpa 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.65 OF 2014 Mrs.Shilpa Sharad Ambole ...

Applicant

Versus

Sharad Shrikant Ambole ...

Respondent .....

Ms.kalpana Kanhere, Advocate for the Applicant. Mr.Chetan Patil, Advocate for the Respondent. .....

CORAM : RAVI K. DESHPANDE, J.

DATED :

JUNE 26, 2015.

P.C.

Admit.

Heard finally by consent of the learned counsel appearing for the parties.

The respondent - husband has filed divorce petition no.565 of 2012, pending in the Family Court at Kolhapur to the Court of Civil Judge Senior Division Panvel. The applicant - wife has expressed certain difficulties in attending the Court at Kolhapur. A minor child of six years is living with her and she has no source of income to spend for expenses to attend the proceedings at Kolhapur.

rpa 2/3 The learned counsel for the respondent makes a statement that the respondent is prepared to give to and fro expenses incurred by the applicant for attending the proceedings in the Court at Kolhapur along with one escort. He has further expressed that the respondent is prepared to bear reasonable charges of stay of the applicant along with one escort for a day at Kolhapur. Undisputedly, the respondent is in the employment and is paying monthly maintenance regularly, as per the orders passed by the Courts below. The applicant is unemployed. In view of this, the applicant can attend the proceedings at Kolhapur. Hence, the transfer petition need to be dismissed with certain directions.

The application is dismissed, however, the respondent shall abide by the statements made before this Court. He shall continue to pay regular the amount of monthly maintenance on or before 10th day of every month during the pencency of the proceedings. The amount of to and fro expenses along with the expenses of stay incurred by the applicant shall be paid by the respondent on the very same day on which the applicant attends the Family Court. The Family Court may after assessing the expenses incurred by the applicant upon production of receipts, direct the respondent to immediately pay the same to the applicant.

rpa 3/3 The Court at Kolhapur shall endeavour to dispose of the matter within a period of six months from the date of first appearance of the parties before it.

The parties to appear before the Family Court at Kolhapur on 20th July, 2015.

(RAVI K. DESHPANDE, J.)