Mrs. Smita W/O. Mayur Khajekar v. Mayur S/O. Moses Khajekar

M.C.A.No.18/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.18 OF 2015 Mrs Smita w/o Mayur Khajekar ..Applicant

Versus

Mayur s/o Moses Khajekar ..Respondent Mr S.S. Panale, Advocate for applicant Mr B.V. Wagh, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 5th August 2015 PER COURT 1.

By way of present application, the applicant-wife is seeking transfer of the petition No.PA-495/2014 pending before the Family Court, Pune to Family Court, Aurangabad.

2.

The transfer is sought on the ground that the proceedings arising out of the offence registered vide Crime No.141/2014 for domestic violence are pending at Aurangabad Court. It is claimed by the applicant-wife that the non-applicant/respondent has not honoured the order of payment of maintenance and maintenance is outstanding for almost more than six months.

3.

Learned Counsel for the non-applicant/respondent would urge that he shall pay the maintenance in part after a period of six weeks, i.e. about Rs.20,000/- and the balance amount as per his convenience.

M.C.A.No.18/2015 4.

In my opinion, it is the fit case wherein the applicant-wife has established her hardship because of attitude of the nonapplicant/husband. 5.

In view thereof, the present application stands allowed in terms of prayer clause (B).

( N.W. SAMBRE, J.) vvr