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Bombay High CourtMCA/51/2016admittedallowedgrantedrule absolute

Vijaya W/O Praveenkumar Badadapure v. Praveenkumar S/O Rajkumar Badadapure

2016-11-21Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISELLANEOUS CIVIL APPLICATION NO. 51 OF 2016 Vijaya w/o Praveenkumar Badadapure Age 36 years, occup. Household, R/o Suyog Colony, Parbhani, Tq. and Dist. Parbhani .. Applicant versus Praveenkumar Rajkumar Badadapure Age 44 years, occup. Lecturer, R/o C/o Principal, J.S.P.M.

Imerial College of Engineering and Research, Nagar Road, Wagholi, Pune, Tq. and Dist. Pune .. Respondent ---- Mr. Santosh S. Naik, Advocate for applicant Mr. Mahesh K. Bhosle, Advocate for respondent Coram : Sunil P. Deshmukh, J.

Date : November 21, 2016 Oral Judgment:

1.

Rule. Rule made returnable forthwith. Heard learned counsel for appearing parties finally, by consent. 2.

It appears, the marriage which had taken place between the parties ran into some trouble in 2011 whereunder the applicant went to her parental home at Parbhani and since then is residing there. It further appears that in 2011, proceedings for maintenance at the instance of the applicant have been moved and have been disposed of under a settlement pursis. 3.

Thereafter since the situation did not improve, it appears, proceedings for restitution of conjugal rights have been instituted

at the instance of the applicant in a court at Parbhani which have progressed to evidence which is being led and respondent - husband has been attending to said proceedings at Parbhani. 4.

The husband has, however, filed proceedings for dissolution of marriage in a court at Pune.

5.

It is submitted on behalf of the applicant that her father has been suffering paralysis; applicant too has been suffering some ailment and it has become difficult for her, economically and even otherwise, to undertake journey to Pune which is about 400 kilometer from Parbhani to attend the proceedings by husband seeking dissolution of marriage, besides the daughter being young and is required to be maintained.

6.

Learned counsel for respondent on the other hand contends that the respondent is working as lecturer in J.S.P.M. Imperial College of Engineering and Research, Nagar Road, Wagholi, Pune, Tq. and Dist. Pune. He has also to look after his ailing father who is aged about 78 years and requires constant attendance at Pune. He further contends that respondent is ready to bear expenses for journey of applicant from Parbhani to Pune and back. 7.

Although aforesaid is being submitted on behalf of the respondent, in the facts and circumstances as are occurring hitherto, it appears to be expedient, since husband has been

attending the court proceedings at Parbhani, and looking at the difficulties as have been expressed on behalf of the applicant, that the proceedings pending in court at Pune are transferred to the court at Parbhani with a further direction to disposed of both the proceedings at an early date.

8.

In view of aforesaid, miscellaneous civil application stands granted in terms of prayer clause (B). The proceedings transferred from Pune court to court at Parbhani and the one filed in the court at Parbhani be taken up for disposal at an early date and disposed of preferably within a period of six months from the date of receipt of proceedings from Pune court. It would be further expedient that the dates in the matters are so arranges as would be convenient to the respondent-husband.

9.

Rule made absolute accordingly. Miscellaneous civil application stands disposed of.

SUNIL P. DESHMUKH, JUDGE pnd