Priti W/O Sandeep Bhosle v. Sandeep S/O Haribhau Bhosle

MCA626-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Misc. Civil Application (Tr) No.626/2017 (Priti Sandeep Bhosle .vs. Sandeep Haribhau Bhosle) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.A. Marathe, Advocate for Applicant.

Mr. D.L. Jadhav, Advocate for Respondent .

CORAM : Manish Pitale, J.

DATED : February 12, 2018.

1.

This is an application filed on behalf of the applicant-wife seeking transfer of divorce petition i.e. Marriage Petition No. 375/2017 filed by respondenthusband before the Court of Civil Judge, Senior Division, Pune, to the Family Court at Amravati.

2.

It is contended on behalf of the applicant-wife that since she is the resident of Warud, district Amravati, it is difficult for her to travel the long distance between the two places to attend to the proceedings at Pune, due to which she is likely to suffer an adverse order. On the other hand, it is pointed out on behalf of the respondent-husband that the applicant-wife is holding qualification of Bachelor of Engineering and that she was working at Pune before the differences developed between the parties. The marriage took place between the parties on 6.7.2014 and there is no child from the wedlock.

3.

Although convenience of the wife is of paramount consideration in matters like these, it is also necessary to examine as to whether the wife is unable

MCA626-17.odt to travel to the place where the proceeding is pending and whether she has the financial capacity to do so. A perusal of the application, reply and the documents on record show that the applicant-wife herein is a well educated person, who was working at Pune before she had to leave that city due to differences with the respondent-husband. Therefore, it cannot be said that she is a lady who is incapable of travelling alone from one place to the other. But, at the same time, it is pleaded in the application by the applicant-wife that she is residing with her parents at Warud, district Amravati and that she is unemployed.

4.

In these circumstances although I am not inclined to allow this application for transfer of proceedings from Pune to Amravati, the alternative prayer made in the application can be granted. It has been alternatively prayed in the application by the applicant that the respondent-husband be directed to pay amount towards travelling, lodging and boarding to attend the pending proceedings at Pune. Hence this application is disposed of with a direction to the respondent-husband to pay to the applicant-wife a sum of Rs.10,000/- on every date that the applicant attends for defraying the charges of travel from Warud to Pune and for her lodging and boarding at Pune.

5.

The application is disposed of. No order as to costs.

JUDGE halwai