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Bombay High CourtMCA/96/2016admittedallowedgrantedrule absolute

Sau. Sonali W/O Raju @ Vaibhav Dhaygude v. Raju @ Vaibhav S/O Madhukar Dhaygude And Another

2017-08-02Hon'Ble Shri Justice Nitin W. Sambre2 pages

mca96.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.96 OF 2016 Sau. Sonali w/o Raju @ Vaibhav Dhaygude, Aged 21 years, Occ. Household, R/o Sarvey No.33, Panchaawati Colony, Gajanan Nagar, Kalewadi Fata Rahatni, Tal. Haweli, Dist. Pune, At present c/o Gorakh Sakharam Sul, R/o Khamgaon, Tal. & District Beed ..APPLICANT

VERSUS

Raju @ Vaibhav s/o Madhukar Dhaygude, Age 28 years, Occ. Service, R/o Sarvey No.33, Panchaawati Colony, Gajanan Nagar, Kalewadi Fata Rahatni, Tal. Haweli, Dist. Pune ..RESPONDENT Mr Amol R. Gaikwad, Advocate for applicant;

Mr D.P. Palodkar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 2nd August, 2017 ORAL ORDER Heard.

2.

By the present application, the applicant-wife seeks transfer of proceedings being Hindu Marriage Petition No.284 of 2016 pending on the file of Civil Judge Senior Division, Pune to the file of Civil Judge senior Division, Beed.

mca96.16 (2) 3.

The claim for transfer is opposed by Mr Palodkar, learned Counsel appearing on behalf of the respondent on the ground that the proceedings are initiated at Pune, in view of cause of action cited. According to him, the respondent shall bear expenses to the extent of Rs.500/- for conveyance of the applicant and one companion.

4.

Having considering the objection raised, it is to be noted that the amount of conveyance offered on behalf of the respondent is not reasonable having regard to the charges of travel of the applicant and one companion and the fact that the applicant will be required to stay at Pune for a day.

5.

Apart from above, having regard to distance between Beed and Pune, the convenience and hardship of the applicant is required to be weighed in her favour. In view thereof, Misc. Civil Application stands allowed in terms of prayer clause (B).

(N.W. SAMBRE, J.) amj