Seema Begum Syed Awaiz Beldar v. Syed Awaiz Syed Sharifuddin Beldar

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.120 OF 2017 Seema Begum w/o Syed Awaiz Beldar, Age : 26 years, Occu. Teacher, R/o Khanampur Pandhari, Tq. Anjangaon Surji, Dist. Amravati ..APPLICANT

VERSUS

Syed Awaiz s/o Syed Sharifuddin Beldar, Age : 31 years, Occu. Lab Assistant, R/o Raj Galli, Majalgaon, Tq. Majalgaon, Dist. Beed ..RESPONDENT Mr Shaikh Wajeed Ahmed, Advocate for applicant; Mr Y.D. Kale, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 29th September, 2017 ORAL ORDER:

It is not in dispute that other two proceedings initiated by the applicant are pending before the Court at Majalgaon in Beed District. 2.

The transfer of the present proceedings is sought on the ground that the applicant is posted at Anjangaon Surji in Amravati District, where other two proceedings initiated by the applicant are already pending and which are being attended by the respondent-husband. 3.

Learned Counsel appearing on behalf of the respondent-husband submits that respondent is ready to cohabit with the applicant and it will be inconvenient for him to travel to Anjangaon Surji on each date. He submits

(2) that the proceedings be transferred either at Parbhani where parents of applicant are staying or at Jalna, which is between Beed and the place of transfer i.e. Anjangaon Surji, which is convenient to both the parties. 4.

In response to the court query, learned Counsel appearing on behalf of the respondent submits that the respondent is not ready to bear travel and incidental expenses of the applicant, in case she is made to visit Majalgaon for attending the proceedings in question. 5.

Having considered rival submissions, in the light of the judgment of the Apex Court in the matter of Krishna Veni Nagam vs. Harish Nagam, reported in 2017 AIR (SC) 1345, an option was given to the respondent to bear travel and incidental expenses for the applicant so as to make her convenient to attend the proceedings at Majalgaon to which the respondent-husband has refused.

6.

Apart from above, this Court must take note of the fact that other two proceedings are already pending at Anjangaon Surji, which are being attended by the respondent, though one of the proceedings are stayed by Division Bench of this Court at Nagpur.

7.

Be that as it may, in the aforesaid background, in my opinion, it will be appropriate to allow the present application and accordingly the same stands allowed in terms of prayer clause (B) with further direction that all

(3) the three proceedings be conveniently posted on one and the same date, which will be convenient for the respondent to attend. With above observations, Misc. Civil Application stands disposed of. (NITIN W. SAMBRE, J.) amj