Sau Jayashree Somdatta Samatkar v. Somdatta Ramkrushna Samatkar

1 mca 820.24.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MCA No.820/2024 Sau. Jayashree V Somdatta - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mohd. Asif Ab. Hamid Sheikh, Advocate for applicant. CORAM : R.M. Joshi , J.

DATE : 19-06-2025.

None for the respondent in spite of service of notice. His absence indicates that he is not interested in opposing the application.

2.

Heard learned Counsel for the applicant.

3.

Applicant is wife, resident of Yavatmal; having responsibly of a minor son. She claims that she has no independent source of income. There is allegation that the respondent has not been paying amount of maintenance to the applicant and her son. It is claimed that in such circumstances if the applicant is called upon to attend the proceedings of Marriage Petition No.326/2018 at Pune, which is 400 km away from Yavatmal, prejudice will cause to her.

4.

The contention of the applicant has gone unchallenged. Needless to say that the inconvenience of the wife

2 mca 820.24.23.odt needs to be considered over the inconvenience, if any, caused to the husband.

5.

It is claimed by the applicant that execution proceeding of order of maintenance as well as application for enhancement of maintenance are pending before the Courts at Yavatmal. In such circumstances, in any case, the respondent would have to attend the said proceedings at Yavatmal and therefore, no prejudice will cause to the respondent, if the application is allowed. Hence, application stands allowed in terms of prayer clause-(a).

6.

To ensure that respondent husband is not harassed, it shall be duty of applicant to ensure that all these proceedings are kept for hearing on one date.

(R.M. Joshi , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 25/06/2025 09:56:22