Niyati Tej Ghatge v. Tej Satish Ghatge

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16. mca 46-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 46 OF 2021 Mrs.Niyati Tej Ghatge ...Applicant vs.

Mr.Tej Satish Ghatge

...Respondent

Ms.Rati Sinhasane i/b. Umesh R. Mankapure for Applicant. Mr.Akansha Helaskar for Respondent.

CORAM : BHARATI DANGRE, J.

DATED : 12 OCTOBER 2021 P.C. :

1.

By the present application, filed under Section 24 of the Code of civil Procedure, the Applicant wife seeks transfer of proceedings filed by the Respondent husband in the court of Civil Judge, Senior Division, Kolhapur, being numbered as Marriage Petition No.370/2018. The transfer is sought by the wife on the ground of inconvenience posed by her and also projecting her weak financial condition on account of the pandemic.

2.

Counsel for the Respondent oppose the application and state that the Respondent husband is ready to arrange for expenses of travel from Sangli to Kolhapur, which is approximately 40 kms. 3.

Mere inconvenience of the parties can be no ground to entertain the application under Section 24. It is informed that the Marriage Petition No.370/2018 is pending at the stage of interim application for Digitally signed by SANSKRUTI A THAKUR Date:

2021.10.14 14:24:07 +0530 SANSKRUTI A THAKUR 1 / 2

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16. mca 46-2021 maintenance filed by the wife. The learned court is requested to take up the application, expeditiously for hearing so that the financial constraint averred by the Applicant shall be taken care of. 4.

On an undertaking given by learned Counsel for the Respondent that he is ready to pay an amount of Rs.1000/- for attending the proceedings for every day of effective hearing by the Applicant before the Civil Judge, Senior Division, Kolhapur, the application is rejected. However, the amount of expenses shall be paid to the wife on every date of hearing when he attend the proceeding before the Civil Judge, Senior Division, Kolhapur.

5.

With the aforesaid direction, the application is disposed of. (SMT. BHARATI DANGRE, J.) 2 / 2