Disposed

Nagmani Nagorao Amlapure v. Nagorao Namdevrao Amlapure

Bombay HC14 Jul 2014MCA/23/2014

Case brief

AI extract

What is this about?

The High Court transferred jurisdiction of a pending civil appeal to District Judge, Jalna, to facilitate the economically weak wife's travel. It ordered the Nanded judge to decide within a month and decreed ₹1,500 travel expenses payable by the respondent.

What did the court decide?

Order directing respondent to pay ₹1,500 to applicant for travel expenses towards the hearing date; and directing District Judge Nanded to decide the appeal within one month.

Nagmani Nagorao Amlapure Vs Nagorao Namdevrao Amlapure — Service and Employment | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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MISC. CIVIL APPLICATION NO. 23 OF 2014

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Sow. Nagmani w/o Nagorao Amlapure, Age: 38 years, Occ: Household, R/o. Shastri Mohalla, Old Jalna, Jalna, Dist. Jalna. ...Applicant

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versus Nagorao s/o Namdevrao Amlapure, Age: 45, Occ: Lecturer, R/o. At Post Khandharewadi, Tq. Kandhar, Dist. Nanded. ...Respondent

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J.P. Legal Associates for applicant. Mr. V.M. Kagne, Advocate for respondent sole.

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CORAM : N.W. SAMBRE ,J.

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DATED : 14TH JULY, 2014

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PER COURT :

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. This application is preferred by wife against her husband

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praying therein transfer of Regular Civil Appeal No. 152 of 2012 pending before the learned District Judge, Nanded to the learned District Judge, Jalna.

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Learned Counsel for the applicant submits that the

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applicant is unable to travel from Jalna to Nanded to attend the hearing of the civil appeal. Learned Counsel submits that out of meager maintenance amount which is granted to her, it is difficult for her to meet travelling and legal expenses.

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Learned Counsel for the respondent opposed the said application and submits that earlier the said appeal was before this Court but in view of the change in pecuniary jurisdiction, the matter came to be transferred to Nanded.

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He submits that the said appeal is fixed for hearing on 12/08/2014 at Nanded, on which there is no dispute.

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Having regard to the prayer made in the application, I am of the view that learned District Judge, Nanded would be directed to decide the said appeal expeditiously and in any case within period of one month from the receipt of copy of the order in the present Misc. Civil Application. Parties herein undertakes to appear before the District Court, Nanded on 12/08/2014 for final hearing.

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The respondent shall pay amount of Rs. 1500/- (Rs. One thousand five hundred only) to the applicant-wife towards travelling

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and other expenses incurred by her on the said date of hearing. If

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the matter is adjourned at the behest of wife, no expenses on the next date will be payable. The amount, as ordered, shall be paid before the District Judge, Nanded on the date of hearing. Misc. Civil Application is disposed of.

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[ N.W. SAMBRE, J. ]

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Tupe/ 14.07.14

Nagmani Nagorao Amlapure v. Nagorao Namdevrao Amlapure

Case brief

What is this about?

What did the court decide?

Nagmani Nagorao Amlapure v. Nagorao Namdevrao Amlapure

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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