1 wp6612-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION JURISDICTION Writ Petition No. 6612 of 2010 Harishchandra Gulabrao Suryawanshi .. Petitioner v/s. Ermita Harishchandra Suryawanshi ..Respondent Mr.A.B.Tajane for the petitioner Mr. Uday Warunjikar for the respondent CORAM : R.Y.GANOO, J. DATED : 18th March, 2011 P.C. : 1. Heard learned Counsels on both sides. 2. Rule. 3. Rule made returnable forthwith. Mr.Warunjikar waives service on behalf of the respondent. By consent taken up for hearing. 4. The petitioner as well as the respondent are staying out of India. The matrimonial proceedings are pending at Family Court at Pune. The presence of the respondent is required to attend to the said 2 wp6612-10.sxw proceeding. On account of this, the respondent filed an application before the learned Judge of the Family Court for air fare from her place of residence at Abu Dhabi UAE to Pune, and for lodging charges. The learned Judge of the Family Court below Application at Exhibit 11 in PA No.987 of 2007 passed an order directing the petitioner to pay to the respondent a sum of Rs.22,000/- on each date of hearing whenever the respondent attends the said proceeding. The petitioner was aggrieved by this Order and that is why he filed review application. Said review application was contested by the respondent being Review application at Exhibit 13. The learned Judge of the Family Court by order dated 25.6.2010 dismissed the said application as it was found to be time barred. These two orders namely, order dated 12.1.2009 and 25.6.2010 are challenged in this petition. 5. I have heard learned Counsels on both sides. The responsibility to pay the air fare of the respondent to come to Pune Court from her present place of residence cannot be disputed. The respondent has also prayed for lodging charges at the rate of Rs.3000/- at Pune where the matter is pending. It appears that the learned Judge while passing the order dated 12.1.2009 did not specifically deal with the prayer for 3 wp6612-10.sxw lodging charges and ultimately came to the conclusion that the petitioner has to pay to the respondent consolidated amount of Rs. 22,000/-. though it is not specifically stated that a part of Rs.22,000/- will be towards lodging charges. The learned Counsel for the petitioner contended that the Air fare to and fro from Abu Dhabi to Pune is not Rs.22,000/- and therefore the respondent can not get more than what she will be paying to the air company. Nodoubt, respondent can not enrich herself by getting more than what she is entitled to. In such a situation it would be proper in my view to direct the petitioner to send a ticket duly paid in India to the respondent so that the respondent can travel on the basis of the said ticket, and in that case there is no question of respondent getting more monies than the cost of the ticket. In addition to the economy class air fare, the respondent is entitled to get a lumpsum amount of Rs.3000/- for her lodging. She need not produce the receipt for the lodging charges paid to the said establishment. In my view, the order dated 12.1.1009 can be modified so far as the future journey’s are concerned, to see that as and when the respondent wishes to attend the court proceedings she would inform the petitioner well in advance so that the petitioner would arrange to send her ticket and on 4 wp6612-10.sxw the day when she meets the petitioner in the court, the petitioner would pay to the respondent in cash Rs.3000/- for her lodging charges. This arrangement hopefully would operate in convenient manner. 6. In so far as the trips conducted by the respondent between 12.1.2009 and 16.3.2011 the respondent shall produce appropriate tickets so that the petitioner would be able to pay to the respondent cost of ticket for each journey conducted + Rs.3000/- being lodging charges. 7. In view of the aforesaid discussion, the petition is disposed of by passing the following order. ORDER i) The order dated 12.1.2009 as well as 25.6.2010 are modified and between the petitioner and the respondent following arrangement shall operate as regards expenses for journey of the respondent to travel from Abu Dhabi to Pune and return :- 1) Respondent would be entitled to air fare by economy class 5 wp6612-10.sxw from Abu Dhabi to Pune and return on such of the dates when she has to attend the proceedings filed by the petitioner at Pune. For that, the respondent shall inform the petitioner through her advocate well in advance and and that the petitioner shall arrange to forward to respondent an air ticket so that she can reach Pune in time and go back to Abu Dhabi. 2) The petitioner shall pay to respondent cash Rs.3000/- when the respondent appears before the Court at Pune towards lodging charges without production of receipts from the lodge owner. 3) If any modification is required, in the peculiar situation, any of the party is free to apply before learned Judge of the Family Court for modification of this order. ii) So far as the journeys conducted by the respondent between 12.1.2009 and 17.3.2011 the respondent shall within six weeks from today, produce necessary proof of having spent monies on air journey (to and fro) and the petitioner shall pay the said air fare/s. 6 wp6612-10.sxw iii)The petitioner shall also pay sum of Rs.3000/- to the respondent for each date on which she has appeared before the court towards lodging charges. iv) Petition stands disposed of in the above terms with no order as to costs. [R.Y.GANOO, J.]