Swarna Permeshwar Shukre v. Permeshwar Bapurao Shukre

M.C.A.No. 91/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.91 OF 2014 Swarna w/o Parmeshwar Shukre, Age : yrs. Occu. Labour, R/o at present Uddhavrao Bhanudas Solanke, Vidyanagar, Shelu, Tq. Shelu, Dist. Parbhani ..APPLICANT

VERSUS

Permeshwar s/o Bapurao Shukre, Age : 32 yrs. Occu.

R/o Azad Nagar, Near Rudrawar Oil Mill, Majalgaon, Dist. Beed ..RESPONDENT Mr R.J. Nirmal, Advocate for applicant;

Mr Vivek Bhavthankar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 23rd JANUARY, 2015 PER COURT :

On a query raised by this Court, learned Counsel appearing on behalf of the applicant-wife informs that the respondent-husband has not honoured the order passed by the Court below, whereby he was directed to pay the amount of maintenance.

2.

By the present application, the applicant-wife seeks transfer of the proceedings, namely, H.M.P. No.2 of 2013, filed by the

M.C.A.No. 91/2014 respondent-husband, from the Court of Civil Judge Senior Division, Majalgaon to the Court of Civil Judge Senior Division, Parbhani. 3.

The law on the above referred issue is settled, that the convenience of the wife is required to be looked into. 4.

Having regard to the conduct of the respondent-husband in non-payment of of maintenance amount, it will be appropriate in the interest of justice to allow the present application. 5.

In the light of above, it is directed that H.M.P. No.2 of 2013, pending on the file of Civil Judge Senior Division, Majalgaon is ordered to be transferred to the Court of the Civil Judge Senior Division, Parbhani.

6.

Misc. Civil Application stands allowed in above terms with no order as to costs.

(N.W. SAMBRE, J. ) amj