1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (TRANSFER) NO.107/2003 Smt. Malti w/o Sanjay Jaiswal ...Versus... Shri Sanjay s/o Virendra Kumar Jaiswal -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- (Shri M.B. Naidu, Adv. for applicant) (Shri B.M. Kharkate, Adv. for respondent) CORAM:- A.B. CHAUDHARI, J. DATED :- 11.09.2007. By this Misc. Civil Application under Section 24 of the Code of Civil Procedure, the applicant – wife has sought transfer of H.M.P. No.34/2000 pending on the file of Civil Judge (S.D.), Yavatmal. It appears that after filing of this application for transfer on 5.3.2003, the applicant and her Counsel hardly bothered to prosecute the present application. Advocate Shri Naidu for applicant states that earlier Counsel did not take sufficient care for doing so. Be that at it may, the fact remains that no steps were taken for getting the present transfer application decided. Advocate Shri Kharkate for respondent states that 2 now the Hindu Marriage Petition is fixed for cross- examination of the respondent by the petitioner but the proceedings are stayed in view of stay issued by this Court. Advocate Shri Naidu for applicant vehemently argued that the transfer of H.M.P. would be expedient because the applicant – wife has no source of livelihood and not only that not a single pie towards maintenance has been paid to the applicant. He then submits that the applicant will have to attend the proceedings at Yavatmal which is not possible as she will have to arrange the services of escort. Having heard Counsel for the rival parties and having gone through the record, it appears that after filing the present application, the applicant never bothered to get it decided earlier by circulating before the Court. Not only that it appears that the applicant even did not apply for grant of interim maintenance in the said pending Hindu Marriage Petition. Advocate Shri Naidu for applicant informs that application for maintenance under Section 125 of Cr.P.C. is pending in the Court at Ramtek. Be that as it may, considering that the H.M.P. is pending since 2000 in the Trial Court, following order would subserve the ends of justice. The present Misc. Civil Application is rejected. The respondent is directed to make payment of Rs.10,000/- to 3 the applicant within a period of four weeks from today. The Civil Judge (S.D.), Yavatmal is directed to decide the H.M.P. No.34/2000 within a period of four months from today. Failure on the part of respondent to pay amount of Rs. 10,000/- to the applicant towards expenditure for undertaking journey to Yavamtal on all dates would result into dismissal of the said H.M.P. for non-compliance of this order. No order as to costs. JUDGE ssw