Sou. Sujata Alias Deepali Sandip Awachare v. Sandip Sadashiv Awachare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 224 OF 2023 Sou. Sujata alias Deepali Sandip Awchare ....Applicant

Versus

Sandip Sadashiv Awachare ....Respondent ----- Ms. Snehal Mande, Advocate for the Applicant. Mr. H. S. Shinde, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.02.06 13:32:01 +0530 SHANTANU SHANKARSA DHUDUM DATE : 2nd FEBRUARY, 2024.

P.C. :

1.

Heard learned counsel for the Applicant .

2.

Learned counsel for the Applicant submits that Applicant stays at Pune with her old age parents. Applicant is 10th fail lady. She does not know about how to attend the Court's dates. She has no relatives at Solapur. The distance between Pune to Solapur is more than 200 km. If she has to attend the Court's date at Solapur, the company of some one is needed. She cannot afford the travelling charges to go to Solapur. Hence, requested to allow the Application. 1/3

3.

It is contention of learned counsel for the RespondentHusband that husband stays with his old age parents at Solapur. Due to harassment of Applicant, father of respondent is died. Husband is ready to give travelling allowance to the Applicant. Hence, requested to reject the Application.

4.

I have heard both learned counsel. The Respondent has filed divorce petition against the Applicant, which is pending at Family Court Solapur. Applicant stays with her old age parents. She is 10th fail lady. She has no sufficient income to attend the Court's dates at Solapur. Yet Respondent-Husband has not provided maintenance to her. If she has to attend the Court's dates, the company is needed. Mere giving the travelling allowances cannot be a ground to reject the Application, as Applicant is 10th fail lady, if she has to attend the Court's dates at Solapur she needed the company of other person and her parents are old aged.

5.

Considering this fact, I pass following the order.

ORDER

i. Application is allowed.

ii. The divorce petition No. A/233/2023 pending before the Family Court, Solapur be 2/3

transferred to Family Court, Pune.

iii. Both parties are directed to appear before the Family Court, Pune on 5th March, 2024.

iv. The Respondent can file application before the concern family Court, Pune for appearance through video conferencing. The concern Court shall decide the said Application on its own merit.

(SHIVKUMAR DIGE, J.) 3/3