1 mca84.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Misc. Civil Application No. 84 of 2011 Sou. Smita w/o. Pravin Mattee ....Applicant v/s. Mr. Pravin Narayanrao Mattee ....Respondent Ms. Tanya Doyal i/b. J. Shekhar & co. for the applicant. Ms. Jaymala Raut i/b. M/s. J.J. Associates for respondent. CORAM: R.M. BORDE, J. 8th December, 2011 PC: The petitioner-wife is seeking transfer of Hindu Marriage Petition No. 291 of 2010 presented by the husband in the Court of Civil Judge Senior Division, Pune. It is the contention of the petitioner that she is having a child of 6 years of age and is residing at Nagpur and she is unable to attend the dates prescribed in the matter at Pune. It is also contended by wife that she has presented an application seeking maintenance with the Family Court, Nagpur for herself and her daughter. The family Court, however, has directed payment of maintenance allowance to their child and has not allowed any maintenance amount to the applicant. 2. The application is opposed by the respondents contending that since the date of presentation of application at Pune, the wife had failed to participate in the proceedings and as such the matter is directed to proceed exparte. The marriage petition is presented in 2010, however, the applicant-wife has only prayed for adjourning the matter on the one pretext or the other. It is contended that applicant-wife is employed and is earning handsome salary and there are no financial constraints to attend the matter. 2 mca84.11.sxw 3. Considering the totality of the circumstances and considering the progress of the matter in the Court of Civil Judge, Senior Division, Pune, at this stage of the proceedings it is not desirable to direct transfer of the proceedings from the Court at Pune to Family Court, Nagpur, however, the respondent-husband who has initiated the proceedings at the Court of Civil Judge, Senior Division Pune will have to be directed to pay litigation expenses to the applicant-wife. The respondent-husband shall deposit an amount of Rs. 20,000/- towards litigation expenses in the Court of Civil Judge, Senior Division, Pune within a period of six weeks from today. In the event of failure to pay the amount as directed, it would be open for the trial Court to take appropriate measures for recovery of the amount. The applicant wife shall be entitled to withdraw the amount. 4. With these directions, the Misc. Civil Application stands disposed of. (R.M.BORDE, J)