SM 1 23.mca.75.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 75 OF 2011 Mrs. Aditi Alias Alka Sunil Desai ....Applicant. Versus Mr. Sunil Shripati Desai ....Respondent. ____________ Mr. Sachin P. Shetye for the Applicant. Mr. Vinod Jadhav for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 3, 2011. P.C.: This is an application tendered by the Applicant-wife seeking transfer of matrimonial proceedings in Petition No. A-783 of 2009 filed by the Respondent under Section 13 (1)(ia) of the Hindu Marriage Act, 1955. It is the contention of the applicant that she is a lady depending upon her parents for livelihood. The applicant does not earned for herself. She has a child of three years of age. Thus, it is the contention of the applicant that due to financial constraints, she is not able to prosecute the litigation presented by the respondent before the Family Court at Bandra. The Applicant is a resident of district Kolhapur and as such seeking transfer of the matrimonial proceedings from the Family Court, Bandra to Kolhapur. The Respondent has appeared and resisted the application contending that the Applicant has lodged a complaint under Section 498A, not only against the respondent, but also against all his relatives and as such, there is an apprehension in the mind of the Respondent that he and his family members would be implicated in criminal case and are likely to be SM 2 23.mca.75.11 put to harrasement. 2. It is not dispute that the criminal proceedings under Section 498A against the Respondent and his relatives are initiated in the Court of J.M.F.C., Gargoti on 27th January, 2009 and the matter is pending. Merely because the complaint is presented, it cannot be said that there is an reasonable apprehension of involvement of the respondent and his relatives in false and fabricated criminal case. However, I am not inclined to direct transfer of the matter for the reason that the matrimonial proceedings are presented before the Court at Bandra about two and half years back and the applicant-wife has also presented her Written Statement one year back. The Family Court, Bandra had framed issues in the matter and the Respondent herein had presented examination in chief in the form of affidavit. The case is posted for recording cross examination of the applicant-wife and same is being adjourned since last six months at instance of applicant-wife. Since, the trial has already been commenced, it would not be proper to transfer the matter from the Family Court, Bandra to district Kolhapur. However, the financial needs of the applicant can be taken care of by issuing direction to Respondent- husband to pay travelling expenses and some amount for meeting the expenses the prosecuting litigation. The Respondent shall deposit an amount of Rs.10,000/- before the Family Court, Bandra towards the travelling expenses of the Applicant-wife within a period of four weeks from today. It is the contention of the Applicant that the Respondent is in arrears of amount payable towards maintainance amounting to Rs.17,500/-. The Respondent, however, has denied the allegation and contended SM 3 23.mca.75.11 that he is regularly paying the maintainance allowance. However, without going into the merits of the controversy involved in the matter, it would be appropriate in the facts and circumstances of the case to direct the Respondent to pay Rs.17,500/- towards the pendent lit maintainance for prosecuting the matrimonial proceedings and for meeting the financial needs of applicant. An amount of Rs.17,500/- towards the pendent lit maintainance shall be deposited by way of one time amount within a period of four weeks from today before the Family Court, Bandra. The Applicant-wife shall be entitled to withdraw a sum of Rs.17,500/- and Rs.10,000/- which would be deposited by the Respondent before the Family Court, Bandra unconditionally. 3. The Family Court, Bandra shall dispose of the pending matrimonial proceedings as expeditiously as possible, preferably by end of June, 2012. In the event of failure of the Respondent to deposit the amount as directed, it would be open for the Family Court to pass appropriate orders for effecting recovery of amount and to ensure the recovery and payment of the amount to the Applicant. 4. With directions, as above, the M.C.A. No. 75 of 2011 stands disposed of. Pending Civil Applications, if any, shall stand disposed of. (R. M. BORDE, J.)