1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.21 OF 2009 1. Tanhaji Bhaguji Shendge Age : 30 years, Occ : Agri., 2. Bhaguji Mahada Shendge, Age : 60 years, Occ : Agri., 3. Parabai W/o Bhaguji Shendge, Age : 55 years, Occ : Agri., 4. Maroti S/o Bhaguji Shendge, Age : 35 years, Occ : Agri., All R/o Chorpuri, Tq. Gevrai, Dist. Beed. APPLICANTS VERSUS 1. Shivkanya W/o Tanaji Shendge, Age : 26 years, Occ : Household, R/o Chorpuri, Tq. Gevrai, Dist. Beed. 2. Ku. Chaya D/o Tanhaji Shendge, Age : 4 years, Minor u.g. of res.no.1 R/o As above. RESPONDENTS .... Mr. Sachin Deshmukh, Advocate for appellants. Mr.V. D. Saunke, Advocate for respondent nos.1 and 2. .... (CORAM : K. U. CHANDIWAL, J) DATE :18th January, 2010. ------------------------------ 2 ORAL JUDGMENT : 1. Mr. V. D. Salunke, the learned Counsel for the appellant has filed affidavit reply, copy received by Mr.Deshmukh. 2. Heard finally. Marital discord has led wife in taking up maintenance proceedings and also criminal prosecution in terms of section 498-A of the Indian Penal Code against husband. 3. The husband before this Court seeks transfer of the Maintenance Proceedings from Civil Judge, Junior Division, Gevrai to Civil Judge, Junior Division, Ambad, Dist.Jalna or any Court in Beed. 4. Without pondering over rival contentions, Mr.Saluke has also pointed out that the husband has perpetuated the matter to avoid the obligation for remittance of amount. Though Mr.Saluke denied all these contentions, fair procedure requires that the matter is transfered as per the convenience of wife. 3 5. The matter revolves around maintenance and wife is wandering for the same and as the proceedings are waddled for no fault on her part, the learned Counsel Mr.Deshmukh makes a statement that the appellants shall remit an amount of Rs.40,000/- (Rs. Forty Thousand) within a period of 8 weeks, without prejudice to the rights of the husband to challenge the proceedings. I find this offer to be fair, hence order :- a) The proceedings of Regular Civil Suit No.381/2008 pending before the learned Civil Judge, Junior Division, Gevrai, be transferred to Court of learned Civil Judge, Junior Division, Beed. b) The husband Tanhaji Bhaguji Shendge should remit an amount of Rs.40,000/- (Rs. Forty Thousand) upto 18th March, 2010 before the learned Civil Judge, Junior Division, Beed. c) The husband shall pay an amount of Rs.100/- (Rs.Hundred) for every date of hearing whenever the wife attends the proceedings. 4 d) The Misc. Civil Application disposed of. (K. U. CHANDIWAL) JUDGE gas/mca21.09