Husband transferred to Pune before wife's divorce case; ordered to deposit money for wife's travel expenses to attend proceedings in Thane given distance and connectivity.
Non-applicant to deposit Rs. 7,000 for travel expenses; applicant-wife entitled to withdraw Rs. 3,500 per trip attended.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ISM
6.27.20 mca.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 27 OF 2020
Pratiksha Sameer Gaikwad ….Applicant @ Pratiksha Pramod Verulkar
V/s.
Sameer Ramesh Gaikwad …..Respondent
Mr. Vikas B. Shivarkar for the Applicant Mr. Harshad Sathe and Mr. Saurabh Butala for Respondent
CORAM : NITIN W. SAMBRE, J.
DATE: JULY 14, 2021.
P.C.:
1] Transfer of matrimonial proceedings are sought by the wife on the following grounds:
(a) Other two proceedings under Domestic Violence Act and proceedings under Section 498-A of the Indian Penal Code are pending at Pune;
(b) Applicant is not keeping good health and as such, there will be more hardship to the applicant to travel from Pune to Thane
(c) Since non-applicant was a lawyer by
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profession, she is not likely to get appropriate assistance in the proceedings at Thane.
2] Mr. Saurabh Butala learned counsel appearing for the nonapplicant would oppose the prayer for transfer on the ground that non-applicant is not actively practicing advocacy and is assisting his father in the business. According to him, non-applicant is willing to deposit amount of Rs. 3500/- on each date towards travel and out of pocket expenses.
3] Considered rival submissions.
4] The fact remains that there are two proceedings at the behest of applicant-wife pending in the Court at Pune whereas husband-non applicant has initiated divorce proceedings prior in point of time before the Court at Thane. One way distance between two places is around 175 Kms. There is suffcient connectivity available between these two places. As such, it shall be convenient for the applicantwife to attend the proceedings particularly when non-applicant
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husband is willing to deposit amount of Rs. 3500/- towards each trip, in the Court at Thane towards travel and out of pocket expenses.
5] In the aforesaid background, present application stands disposed of with following order.
(i) Non-applicant shall deposit amount of Rs. 7,000/within period of four weeks from today in the Court at Thane where divorce proceedings are pending and shall continue to maintain the said deposit on each date till the fnal disposal of proceedings.
(ii) Applicant-wife shall be entitled to withdraw amount of Rs. 3500/- on each date on which she physically attends the proceedings at Thane.
[NITIN W. SAMBRE, J.]
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1 issue framed by the court
Whether there should be transfer of matrimonial proceedings from Thane to Pune where Domestic Violence and Section 498-A proceedings are pending.
Pratiksha Sameer Gaikwad
Sameer Ramesh Gaikwad
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
