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Priyanka Sachin Navle v. Sachin Baban Navle

2017-11-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 MCA 172-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 172 of 2017 Priyanka W/o Sachin Navle, age 31 years occupation household R/o Hanuman Takli (Kasar Pimpalgaon) Taluka Pathardi Dist. Ahmednagar ...APPLICANT

VERSUS

Sachin S/o Baban Navle, age 31 years occupation business & agriculture R/o Lingdev Taluka Akole Dist. Ahmednagar ...NON-APPLICANT Mr B.G. Sagade, Advocate for applicants CORAM : NITIN W. SAMBRE, J.

DATE : 22nd November, 2017 ORAL ORDER :

The non-applicant though served with notice, none appears.

2.

It is claimed that the applicant is custodian of a child of about 18 months and the distance between Hanuman Takli Taluka Pathardi and Sangamner is about 100 kilometers. As such, case of hardship and inconvenience for the applicant is canvassed.

2 MCA 172-2017 3.

Since none appears for the non-applicant, contentions in the application are not controverted.

4.

However, having regard to the distance between Hanuman Takli Taluka Pathardi and Sangamner, it will be appropriate, in my opinion, to pass following order. (I) The non-applicant to the application shall deposit amount of Rs. 4000/- (Rs. Four thousand only) in the Court of Civil Judge (Senior Division), Sangamner, in Hindu Marriage Petition No. 186 of 2017, within four weeks from the date of this order, out of which said Court shall permit the applicant to withdraw amount of Rs. 2000/- (Rs. Two thousand only), on each date, when applicant attends the proceedings.

(II) The non-applicant shall continue to deposit amount of Rs. 2000/- (Rs. Two thousand only) thereafter, on each date, till conclusion of H.M.P. No. 186 of 2017.

(III) If the amount, as ordered, is not deposited by the non-applicant within four weeks from the date of this order, in the Court of Civil Judge (Senior Division), Sangamner, it be treated that the present application is allowed in terms of Prayer Clause "B". ( NITIN W. SAMBRE, J.) pjm