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Bombay High CourtMCA/96/2022rejected at admission stage

Anita Sanjay Ranalkar v. Sanjay Puroshottam Ranalkar

2022-11-24Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 973 mca 96-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 MISC.CIVIL APPLICATION NO.96 OF 2022 ANITA SANJAY RANALKAR

VERSUS

SANJAY PUROSHOTTAM RANALKAR ...

Advocate for Applicant : Mr. Kazi Rahil Riyazoddin Advocate for Respondent : Mr. P. H. Patil ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/11/2022.

P. C. :

1.

Heard rival submissions.

2.

The applicant wife is seeking transfer of HMP No.137 of 2022 filed by the respondent husband for getting divorce from the court of learned CJSD Amalner District Jalgaon to CJSD, Dhule. 3.

Though the respondent has filed reply to the present application and strongly opposed the same, but during the course of argument it is revealed that the applicant wife has also filed one application for getting custody of child at Amalner itself and the said proceeding is on the verge of completion. Further, it is also revealed that the proceeding under the Protection of Women from Domestic Violence Act filed by the applicant wife at Sakri is also disposed of, wherein the respondent husband has up till now paid amount of around Rs.75,000/- as a maintenance to the applicant. Even in the proceeding under transfer i.e. HMP No.137 of 2020 the CJSD, Amalner has granted interim maintenance under Section 24 of Hindu Marriage Act to the applicant @ Rs.15000/- per month.

2 973 mca 96-22 Considering all these facts and the distance between residence of the applicant and Amalner being only of 110 Kms., the applicant can be asked to attend the dates of aforesaid HMP at CJSD, Amalner itself by imposing certain conditions, especially considering that she is already attending the dates of custody matter at Amalner. Hence, the following order is passed.

ORDER

a) The application is hereby rejected with direction to respondent husband to pay amount of Rs.1,500/- per date to the applicant wife as travelling expenses for attending the date of HMP No.137 of 2020 in the court of CJSD, Amalner till its disposal.

b) The respondent is directed not to avail unnecessary adjournments.

c) Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-