Charushila Sunil Bari v. Sunil Shantaram Bari

283.19mca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.283 OF 2019 CHARUSHILA SUNIL BARI

VERSUS

SUNIL SHANTARAM BARI ...

Mr A. I. Deshmukh, Advocate for applicant;

Mr Menezes Joslyn, Advocate h/f Mr V. B. Narke, Advocate for respondent CORAM : SMT. BHARATI DANGRE, J.

DATE : 16th February, 2022 PER COURT:

1.

Since the only ground projected by the applicant for seeking transfer of proceedings in the form of H.M.P. No.259/2019 filed by the husband, is the inconvenience to undertake the journey of 270 kms one way, I am not inclined to grant the said request. The respondent husband state that he shall bear the expenses of the wife in undertaking the journey from Jalgaon to Ahmednagar to attend the proceedings filed by him and both the parties expressed their consensus that an amount of Rs.4,000/- per trip shall serve the interest of both the parties.

2.

In the wake of the above, the proceedings shall continue before the learned Civil Judge Senior Division, Ahmednagar, but

283.19mca (2) the learned Judge is directed not to insist upon the presence of the applicant wife on each date of hearing and except when her personal presence is necessary for recording evidence/crossexamination, her presence shall not be insisted upon and she shall be exempted from appearing before the Court.

3.

In the wake of the aforesaid direction being issued, since the respondent husband has agreed to pay an amount of Rs.4,000/- for journey undertaken by the wife to attend the proceedings, the Misc. Civil Application is dismissed.

The learned Civil Judge Senior Division, Ahmednagar shall make every endeavour to dispose of H.M.P. No.259/2019 within a period of one year from today.

(SMT. BHARATI DANGRE, J.) sjk