Bombay High CourtMCA/562/2016dispossed offdismiss for default

Sau. Poonam Akhilesh Pinjarkar v. Akhilesh Rustamrao Pinjarkar

2016-09-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 mca562.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISCELLANEOUS CIVIL APPLICATION NO.562/2016 Sau. Poonam Akhilesh Pinjarkar ..Vs..

Akhilesh Rustamrao Pinjarkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 27.9.2016.

Heard Shri S.K. Bhoyar, Advocate for the applicant/wife and Shri Narendra Dhoot, Advocate for the non-applicant/husband.

The wife seeks transfer of proceedings from Family Court, Akola to Court at Wardha alleging that when she stayed with the husband in matrimonial house she was ill-treated and she apprehends that if she attends the proceedings at Akola, the non-applicant/husband may mis-behave and torture the applicant/wife. The reason given by the applicant for seeking transfer of the proceedings cannot be accepted, at this stage, as there is nothing on record to substantiate the allegations.

The Advocate for the husband has submitted that the husband is ready to bear the expenses which the applicant/wife will be incurring for attending the proceedings at Akola.

Considering the facts of the case, the following order is passed:

(i) The non-applicant/husband shall deposit

2 mca562.16 Rs.2,000/- (Rs. Two Thousand Only) before the Family Court, Akola on every date on which the applicant wife attends the proceedings at Akola. This amount be given to the applicant - wife. This amount is for conveyance and miscellaneous expenses which may be borne by the applicant/wife and the person accompanying her. The above amount does not include the amount of other expenses for which the applicant/wife may stake claim before the Family Court, Akola.

(ii) Prayer of the applicant/wife for transfer of the proceedings is rejected.

Miscellaneous civil application is dismissed. In the circumstances, parties to bear their own costs.

JUDGE Tambaskar.