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Bombay High CourtMCA/92/2017admittedallowedgrantedrule absolute

Kavya Sagar Demda v. Sagar Vinodkumar Demda

2017-07-14Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.92 OF 2017 Kavya w/o Sagar Demda, Age: 25 years, Occ: Housework, R/o. Flat No.203/204, Dropadi Co-operative housing society Behind Netaji High School, Near Shanti Prakash Yoga Kendra Ulhasnagar-421005, Dist. Thane, M.S.

..APPLICANT

VERSUS

Sagar s/o Vinodkumar Demda, Age: 25 years, Occ: Business, R/o. Devi Kunj, Main Post Office Road, Opp. Ambekar Eye Hospital, Tq. & Dist. Jalna.

..RESPONDENT Mr A.S. Bajaj, Advocate for applicant;

Mr V.D. Hon, Senior Counsel i/b Mr A.V. Hon, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 14th JULY, 2017 ORAL ORDER :

The claim of transfer of the proceedings being Hindu Marriage Petition No.279 of 2016 pending on the file of Civil Judge, Senior Division, Jalna to the file of Civil Judge, Senior

(2) Division, Kalyan is opposed by learned Senior Counsel for the respondent on the ground that the respondent shall bear the travelling expenses of the applicant and shall also consent for transfer of proceedings from Jalna to Nashik.

2.

The said proposal is objected by Mr.

Bajaj, learned Counsel for the applicant on the ground that the applicant will be put to much inconvenience as she has to travel from Ulhasnagar to Nashik for attending proceedings.

3.

Having considered rival submissions, in my opinion, it will be appropriate to direct the transfer of Hindu Marriage Petition No. 279 of 2016 pending on the file of Civil Judge, Senior Division, Jalna to the file of Civil Judge, Senior Division, Nashik, considering the convenience of both the parties.

4.

The respondent undertakes that he shall deposit amount of Rs.5,000/- (Rs. Five thousand

(3) only) on each date for travelling and out of pocket expenses of the applicant and one companion in the Court of Civil Judge, Senior Division, Nashik. 5.

With above observations, Misc. Civil Application stands allowed.

(N.W. SAMBRE, J.) Tupe