Yogita Mangesh Dhage v. Mangesh Ashokrao Dhage

mca133.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.133 OF 2016 Sau. Yogita Mangesh Dhage, Age : 35 years, Occu. Service, R/o C/o Shri Satish Gangadhar Burse, Vidya Nagar, Shevgaon, Taluka Shevgaon, District Ahmednagar ..APPLICANT

VERSUS

Mangesh Ashokrao Dhage, Age : 34 years, Occu. Service, R/o Flat No. C-601, River Residence, Dehu-Alandi, Chikhli, Pune ..RESPONDENT Mr Yuvraj V. Karde, Advocate for applicant;

Mr N.S. Kadarle, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 29th June, 2017 ORAL ORDER Heard.

2.

It is not in dispute that the applicant is in Government service. 3.

Though the applicant has cited hardship, particularly being required to take care of one year old daughter, in my opinion, the proposal given by the respondent that he shall deposit an amount of Rs.12,000/- forthwith before the Court of Civil Judge Senior Division, Pune in Hindu Marriage Petition No.1303 of 2015 and out of the same the applicant will be entitled

mca133.16 (2) to withdraw Rs.6,000/- on each date, appears to be fair and proper. The proposal is accepted as an undertaking. As such, the prayer for transfer of proceedings is rejected, having recorded an undertaking that the applicant shall deposit Rs.12,000/- forthwith before the Court of Civil Judge Senior Division, Pune as promised herein above, of which the said Court shall permit the present applicant to withdraw an amount of Rs.6,000/- on each date towards travel and out of pocket expenses. The learned Counsel for the respondent assures that the respondent shall continue to deposit additional Rs.6,000/- on each date till disposal of Hindu Marriage Petition No.1303 of 2015.

4.

In case if the amount as ordered is not deposited, the prayer of the applicant be termed to have been allowed in terms of prayer clause (B). With above observations, Misc. Civil Application stands disposed of. (N.W. SAMBRE, J.) amj