Mrs. Namita Satyajit Shinde v. Mr.Satyajit Sangam Shinde

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.330 OF 2019 Mrs. Namita Satyajit Shinde .... Applicant Vs.

Mr. Satyajit Sangam Shinde .... Respondent Mr. S.N. Chandrachood for Applicant.

Mr. S.S. Ambedkar for Respondent Coram : NITIN W. SAMBRE, J.

Date : 12TH FEBRUARY, 2021 P.C.:

1.

Heard learned counsel for the applicant.

The transfer of the proceeding being Petition A 1786 of 2019 is sought from Principal Judge, Family Court at Bandra, Mumbai to Family Court, Pune on the ground of hardship and inconvenience to the applicant. It is claimed that the applicant is custodian of the minor son, aged about 2 years and that being so, it is necessary to transfer the proceeding to Pune, as prayed.

2/3 Learned counsel for the Respondent/Non-applicant submits that considering the nature of duties of the Non-applicant, it is difficult for him to physically attend the Court at Pune, however, he is willing to incur travel and out of pocket expenses of Rs.7,500/- per date, on which the applicant physically attends the Family Court at Bandra, Mumbai.

Considered submissions.

In the light of aforesaid rival submissions, the interest of the applicant can be safeguarded by following order :

O R D E R

i) The Non-applicant shall within a period of four weeks from today shall deposit an amount of Rs.15,000/- with the Family Court, Bandra, Mumbai in a Proceeding being Petition No.1786 of 2019.

ii) The applicant as and when attends the proceedings physically in the Family Court, Bandra, Mumbai will be entitled to claim withdrawal of an amount of Rs.7,500/-, on each date. iii) The Non-applicant shall maintain deposit of Rs.15,000/- by each date, till final decision of the proceedings.

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With above observations, the application stands disposed of.

( NITIN W. SAMBRE, J. )