Prajakta Pritam Kusher v. Pritam Yashwant Kusher

{1} mca142-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.142 OF 2015 Prajakta w/o Pritam Kusher APPLICANT Age - 27 years, Occ - Household, R/o C/o Atmaram Namdeo Wankhede, Plot No.22, Mukund Gruh Nirman Sanstha, Bhausingpura, Aurangabad Taluka and District -Aurangabad

VERSUS

Pritam s/o Yashwant Kusher RESPONDENT Age - 28 years, Occ - Service R/o Narsoba Nagar, Dhanora road, near B and C Quarter, Beed, Taluka and District - Beed .......

Mr. Sanjay B. Sant, Advocate for the applicant .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 25 th JANUARY, 2016 ORAL JUDGMENT :

1.

Despite service, no appearance has been caused on behalf of the respondent.

2.

Rule. Rule made returnable forthwith and heard finally with consent of learned advocate for the applicant. 3.

Learned advocate for the submits that economical condition of the applicant is hand to mouth. Earlier on, during

{2} mca142-15 pendency of the proceedings bearing HMP No.218 of 2014 before Civil Judge, Senior Division, Beed, the applicant had filed maintenance application. Thereafter, the matter was settled under medication. However, some time after reunion, quarrels started again and said proceedings came to be re-opened. It is further being stated that the couple has begotten a daughter from the wedlock. The applicant is not in a position to attend dates at Beed not only on account of weak finances, but also because of the age of the daughter.

4.

All these contentions go uncontroverted. Further that marriage appears to have taken place at Aurangabad. 5.

In view of the same, I deem it appropriate that the Miscellaneous Civil Application be granted.

6.

Miscellaneous Civil Application as such, stands allowed. Rule is made absolute in terms of prayer clause "A" and disposed of.

[SUNIL P. DESHMUKH, J.] drp/mca142-15