Vishakha Vivek Jadhav v. Vivek Lakshman Jadhav

by IRESH SIDDHARAM MASHAL Date: 2021.08.26 16:16:59 +0530 IRESH SIDDHARAM MASHAL .ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 94 OF 2021 VISHAKHA VIVEK JADHAV ....APPLICANT V/s.

VIVEK LAKSHMAN JADHAV .....RESPONDENT Mrs. Gauri S. Shah for the applicant Mr. Freddy Bhadha a/w Anoushka Goyal for respondent CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 24, 2021.

P.C.:

1] Applicant wife has invoked provisions of Section 24 of Code of Civil Procedure, 1908 seeking transfer of proceedings i.e. H.M.P. No. 504/2020 pending on the fle of Civil Judge Senior Division, Pune to Family Court, Solapur.

2] The aforesaid proceedings are initiated by the non-applicant husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955. 1/3

3] The ground of hardship is pressed relying on the circumstances viz. distance between two cities and threat to the life of the applicant. 4] Non-applicant, while countering the same would urge that situation is otherwise round as the non-applicant was assaulted by relatives and friends of the applicant-wife resulting into lodging police complaint at Solapur Police Station. He submits that he is willing to bear reasonable travel expenses.

5] Considered rival submissions.

6] There is better road as well as railway connectivity between Pune and Solapur. Non-applicant, in response to the Court's query has assured that he shall deposit an amount of Rs. 14,000/- before the Court of Civil Judge Senior Division, Pune out of which on each date when the applicant attends, she is entitled to withdraw Rs. 7000/- towards her travel and out of pocket expenses. The proposal 2/3

appears to be quite reasonable which safeguards the interest of the applicant-wife.

7] As such, application is partly allowed with following directions: (i) Non-applicant shall maintain deposit of Rs. 14,000/- in H.M.P. No. 504/2020 pending on the fle of Civil Judge Senior Division, Pune on each date when the applicant wife physically attends the proceedings.

(ii) Applicant-wife will be entitled to withdraw Rs. 7000/- towards and travel and out of pocket expenses.

8] With above observations, application stands disposed of. [NITIN W. SAMBRE, J.] 3/3