Deepika Sheetal Surana v. Sheetal Prakashchandra Surana

BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.65 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.08.30 11:42:47 +0530 Deepika Sheetal Surana .... Applicant.

V/s Sheetal Prakashchandra Surana ..... Respondent.

Ms. Yashasvita Apte i/b Mr. Harshad Bhadbhade for the Applicant. Mr. Lakshyavedh Odhekar i/b Niraja Patani for the Respondent. CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 25, 2021 P.C.:- 1] The wife has invoked provisions of Section 24, seeking transfer of Petition No.42 of 2020 preferred under Section 13(1)(a) of the Hindu Marriage Act for divorce, pending on the file of Family Court, Nashik to Family Court, Pune.

2] While trying to make out a case of hardship in support of prayer of transfer, learned Counsel for the Applicant would urge that nonapplicant/husband is very influential and politically powerful. She further claims that there are threat perceptions and other proceedings being D.V. Act proceedings are already pending in Pune Court which are attended by non-applicant/husband. As such, according to her, 1/3

ground of hardship has to be considered in favour of the Applicant. 3] While countering the aforesaid submissions, in response to Court's query, learned Counsel for the non-applicant submits that he is willing to bear reasonable travel and out of pocket expenses of the Applicant. He would further claim that there are other proceedings pending at Nashik Court which Applicant will be required to attend and that being so, grant of hardship can be inferred in favour of the non-applicant/husband.

4] Considered rival submissions.

5] As the non-applicant has agreed to bear travel and out of pocket expenses of the Applicant, in my opinion, it will be appropriate to direct the non-applicant to deposit an amount of Rs 20,000/- in the Family Court Nashik in the pending proceedings i.e. Petition No.42 of 2020. On each date, when applicant/wife attends the said proceedings physically, she will be entitled to withdraw the amount of Rs 10,000/-. Non-applicant shall always maintain/top up the balance amount of Rs 20,000/- in the said court in the said divorce 2/3

proceedings till final disposal of divorce proceedings. 6] In response to Court'

s query, learned Counsel for non-applicant assures that arrears of maintenance, if any, shall be cleared within four weeks from today, which statement is accepted since the same is made on instructions.

7] In case of any threat to Applicant, it shall be open for her to take out appropriate proceedings, may be by lodging police complaint, if required.

8] Application is disposed of in the above terms. ( NITIN W. SAMBRE, J. ) 3/3