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Bombay High CourtMCA/140/2017disposed offdismissed for default

Pramila Jagadish Fulare v. Jagadish Kacharu Fulare

2017-10-06Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 140 OF 2017 Pramila Jagadish Fulare, Age: 23 years, Occ: Household, R/o. C/o. Ranjan Ramchandra Dhotare, Puntamba, Tal. Rahata, District Ahmednagar.

..APPLICANT

VERSUS

Jagadish Kacharu Fulare, Age: 31 years, Occ: Service, R/o. Verul, Tq. Khultabad, & Dist. Aurangabad.

..RESPONDENT Mrs Suvarna M. Zaware, Advocate for applicant; Mr N.D. Sonawane, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 6th OCTOBER, 2017 ORAL ORDER :

Learned Counsel for the applicant, in response to the proceedings initiated by the respondent for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, makes a categorical statement that she is not interested in opposing the said proceedings, as the applicant is readily willing to reside in the company of the

(2) respondent unconditionally.

2.

In response to above, the respondent, who is personally present in the Court, informs that he is not willing to take back the applicant.

3.

Rather he has expressed that he will deposit Rs.2000/- before learned Court below on each date and shall continue to deposit Rs.2000/- on every successive dates till disposal of the said proceedings being Hindu Marriage Petition No.50 of 2017 pending on the file of Civil Judge, Senior Division, Aurangabad, to which, the applicant will be entitled, provided she attends the proceedings. 4.

In view of above statement, following order is passed.

The respondent shall deposit Rs.4000/- (Rs. Four thousand only) within four weeks before learned Civil Judge, Senior Division, Aurangabad in Hindu Marriage Petition No. 50 of 2017 and further

(3) continue to deposit Rs.2000/- on each successive dates till disposal of the said proceedings.

The Court below shall ensure that present applicant is paid Rs.2000/- on each date, provided she attends the proceedings.

5.

With above observations, present application stands disposed of.

( NITIN W. SAMBRE, J.) Tupe