← Library
Bombay High CourtMCA/62/2018disposed offdismissed for default

Amrapali Alias Sudha Surendra Sonule v. Surendra Vinayakrao Sonule

2018-08-28Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 62 OF 2018 AMRAPALI ALIAS SUDHA SURENDRA SONULE

VERSUS

SURENDRA VINAYAKRAO SONULE ...

Advocate for the Applicant : Shri S. S. Londhe Advocate for the Respondent- sole : Shri S. S. Gangakhedkar ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 28th AUGUST, 2018.

...

PER COURT :

1.

This Court, while issuing notice on 27/03/2018, has passed the following order :- ''1.

The learned counsel submits that the applicantwife has a 31⁄2 years old son and it is difficult for her to travel alongwith her son to attend the court dates in H.M.P. No. A-2 of 2018 filed by the respondenthusband in the court at Nanded. The applicant-wife is residing at present in Hingoli alongwith her parents. 2.

In view of the above, issue notice to the respondent-husband, returnable on 05.06.2018. 3.

Till the next date of hearing, the further proceedings in H.M.P. No. A-2 of 2018 pending before the learned Civil Judge,Senior Division, Nanded, are hereby stayed''.

2.

I have heard the learned Advocates for the respective sides.

3.

The learned Advocate for the applicant strenuously

submits that as the respondent- husband is drawing a handsome salary of more than Rs. 60,000/- per month. The pending proceedings be transferred to the Court at Hingoli. 4.

The learned Advocate for the respondent- husband submits that keeping in view that he travels from Secunderabad to Nanded for attending the proceedings, it would be very cumbersome for him to then embark upon the second lap of journey from Nanded to Hingoli and again return back to Nanded for boarding the train to undertake the journey to Secunderabad. Instead, he agrees to pay an amount of Rs. 2,500/- to the applicant for each visit to Nanded from Hingoli and she may as well hire a taxi to undertake the said journey or a State Transport Bus. An Amount of Rs. 2,500/- (Rs. Two Thousand Five Hundred) would be paid on the date of hearing for each journey undertaken by the applicant for attending the Court proceedings at Nanded.

5.

The learned Advocate for the applicant submits that an amount of Rs. 5,000/- (Rs. Five Thousand only) may be granted. The learned Advocate for the respondent submits that the application of the applicant for seeking monthly maintenance is pending and this amount of travel expenses

would be over and above the amount of maintenance, if granted by the concerned Court.

6.

Upon considering the comparative hardships and upon assessing the statement made by the respondent, I am of the view that the applicant can make the journey from Hingoli to Nanded, which is about 80 kms. by a taxi or a private vehicle or the S.T. Bus alongwith any adult member of her family and the respondent shall deposit an amount of Rs. 2,500/- (Rs. Two Thousand Five Hundred) in the Court or pay it to the applicant in the Court on the date she undertakes such journey.

7.

This application is, therefore, disposed off in view of the above statements and directions.

(RAVINDRA V. GHUGE, J.) shp/-