Shital Sunil Gawai v. Sunil Pandharinath Gawai

1 MCA 196-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 196 of 2017 Shital W/o Sunil Gawai, age 27 years occupation household R/o C/o Nana Kashinath Suradkar, Laghu Vean Colony, Samrat Ashok Nagar, Ward No. 1, Buldhana Taluka and Dist. Buldhana ...PETITIONER.

VERSUS

Sunil Pandharinath Gawai, age 30 years occupation private service R/o N-9, M-2, HUDCO, Aurangabad Taluka and Dist. Aurangabad.

...RESPONDENT Mr Vaibhav B. Dhage, Advocate for petitioner Mr D.R. Jayabhar, Advocate for respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 23rd November, 2017 ORAL ORDER :

Shri Jayabhar, learned Counsel for the respondent, opposed the application for transfer on the ground that equally hardships will be caused to the non-applicant/husband. He submits that non-applicant is ready and willing to stay with the applicant. However, it is the applicant who has on her own accord has left company of the non-applicant.

2 MCA 196-2017 2.

When confronted, the learned Counsel for the nonapplicant is not in a position to make a statement qua amount of expenses, which he is willing to pay towards conveyance and out of pocket expenses to the applicant/wife.

3.

In the wake of above, having regard to the convenience and hardships of the applicant and the fact that non-applicant is not willing to pay any expenses, the application needs to be allowed. 4.

As such, the application stands allowed in terms of prayer Clause "B".

( NITIN W. SAMBRE, J.) pjm