mca1.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 1 OF 2011 Sau Archana w/o Kishore @ Sundar Gujar ...Petitioner Versus Kishor @ Sundar Rupchand Gujar ...Respondent ..... Mr. S.D. Kotkar h/f Mr. C.K. Shinde, advocate for the petitioner Mr. S.P. Tiwari h/f Mr. N.L. Chaudhari, advocate. ..... CORAM: R.M. BORDE, J. DATED: 28TH MARCH, 2011 PER COURT:- 1 The petitioner is praying for transfer of proceedings of appeal pending before the learned District Court at Dhule being Misc. Civil Application No. 106 of 2010. It is stated that the respondent presented proceedings seeking decree of divorce against the petitioner herein in the court of learned C.J.S.D. at Dhule. Application tendered by respondent seeking decree of divorce being H.M.P. No. 96 of 2007 came to be decreed and the petitioner herein has preferred appeal, which is pending in the court of District Court at Dhule. It is the contention of the petitioner that she is resident of Newasa and being mca1.11 -2- lady, it is very inconvenient for her to prosecute the proceedings of appeal at Dhule and therefore, it is prayed that the same be transferred to the court at Shrirampur. 2 It is is pointed out that the petitioner could not prosecute the proceedings of Hindu Marriage Petition initiated at Dhule Court, as the respondent herein did not deposit the pendente lite maintenance amount awarded by the trial court. The Hindu Marriage Petition presented by the respondent was taken up for consideration and it appears that decree for divorce has been passed which is subjected to challenge in appeal presented at the instance of the petitioner herein. 3 In the circumstances, appropriate directions can be issued for safeguarding the interest of the petitioner, who is lady litigant. It is an admitted fact that the proceedings for divorce were initiated in the month of September, 2008 and those were concluded in the month of September, 2009. It is also not disputed by the respondent that the amount receivable by the petitioner herein towards pendente lite maintenance has not been paid or deposited by him. The respondent is therefore, liable to pay the amount which was receivable by the petitioner herein. Respondent is therefore, directed to deposit the amount of Rs.10,000/- with the District Court at Dhule towards litigation expenses considering the facts that he failed to deposit the mca1.11 -3- pendente lite maintenance amount during pendency of Hindu Marriage Petition. It will be open for the petitioner to tender appropriate application requesting the trail court to grant pendente lite maintenance during pendency of the appeal before the first appellate court. It is clarified that the amount which is being directed to be paid in pursuance to the order passed in this application will not be taken into consideration by the District Court while passing appropriate order on application by the petitioner, if any. Counsel for the respondent undertakes that he would deposit the amount of Rs.10,000/- as directed, within a period of six weeks from today. On depositing the said amount by the respondent, liberty to the petitioner to withdraw the same. The first appellate court is directed to deal with the appeal and decide the same in accordance with the provisions of law expeditiously. Misc. civil application is disposed of. ( R.M. BORDE. J.) rlj/