Supriya Rahul Kale v. Rahul Bhausaheb Kale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 MISC.CIVIL APPLICATION NO.65 OF 2021 SUPRIYA RAHUL KALE

VERSUS

RAHUL BHAUSAHEB KALE ...

Advocate for Applicant : Mr. Mahesh S. Taur.

Advocate for Respondent : Mr. A. S. Kale for Talekar & Associates.

...

CORAM : V. K. JADHAV, J.

DATE : 06.04.2021 PER COURT :- 1.

Heard finally at the stage of admission.

2.

The applicant-wife has filed the present application for transfer of the matrimonial proceedings from Satara to Newasa. The learned counsel for the applicant-wife vehemently submitted that as to how it is inconvenient for the applicant-wife to attend the court dates at Satara by travelling the distance of near about 300 k.m. However, it appears that the Family Court, Satara has passed an ex-parte order against the applicant-wife and being aggrieved by the same, the applicant-wife has preferred the Family Court Appeal before

the Division Bench at the Principal Seat, Mumbai. By order dated 07.01.2021, the Division Bench of this Court has quashed and set aside ex-parte order passed against the applicant and further directed the Family Court, Satara to decide the Petition No.A-215 of 2019, as expeditiously as possible, in any case on or before 30.08.2021. 3.

In view of the same, I am not inclined to transfer the said proceedings from Satara to Newasa. The respondenthusband has already filed his affidavit of evidence and the matter is posted for his cross-examination.

4.

The learned counsel for the respondent-husband submits that the respondent-husband is ready to incur the travelling expenses of the applicant-wife to attend the court dates at Satara in the said Petition No.A-215 of 2019. The learned counsel submits that the applicant-wife has also filed an application seeking the travelling expenses from the respondent-husband in the said Petition No.A-215 of 2019 and the said application is still pending.

5.

In view of the above, the application is hereby rejected. The Family Court, Satara is hereby directed to dispose off the

Petition No.A-215 of 2019 in terms of the directions given by the Division Bench at the Principal Seat in the Family Court Appeal by order dated 07.01.2021. The Family Court shall decide the application filed by the applicant-wife seeking travelling expenses to attend the court dates at Satara in Petition No.A-215 of 2019, forthwith. The Family Court shall also consider that the learned counsel appearing for the respondent-husband has made a statement, on instructions, that the respondent-husband has ready to incur the travelling expenses.

6.

The Misc. Civil Application is accordingly disposed off. (V. K. JADHAV, J.) ...

vmk/-