1 mca114.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Misc. Civil Application No. 114 of 2011 Mr. Samir Ajit Latey ...Applicant v/s. Mrs. Jayashri Sameer Latey ...Respondent Manasi Karandikar i/b. Neha Bhide for the applicant. Mr. C.S. Patil for the respondent. CORAM: R.M. BORDE, J. 28th September, 2011 PC: The learned Single Judge of this Court had passed a detailed order on 25th August, 2011 noting therein the desirability of transferring the matter presented by the respondent-wife under Section 125 of the Cr. P.C. before the Court of JMFC, Achalpur being Criminal Application No. 83/2011. The husband has presented a petition for judicial separation which is pending before the Family Court at Bandra being Petition No. A-1469/2011. It is not controverted that the petitioner husband is totally blind whereas the respondent wife is also physically challenged. However, the petitioner husband is more severally physically challenged and is not in a position to undertake the journey from Bombay to Achalpur so as to prosecute the maintenance petition presented by the wife. 2. I agree with the reasons recorded by the learned Single Judge while passing order on 25th August, 2011. Since the respondent was not served with the petition, the final orders were not passed by the Single Judge and the matter was adjourned. I have heard arguments advanced by Counsel appearing for 2 mca114.11.sxw respondent. As stated above for the reasons recorded by learned Single Judge while passing order on 25th August, 2011, I am convinced that instant Misc. Civil Application deserves to be allowed, however, subject to certain conditions. The petitioner-husband shall deposit an amount of Rs. 10,000/- with the Family Court, Bandra towards the traveling expenses of respondent wife for prosecuting the proceedings at Mumbai Court within a period of six weeks from today. On appearance, the wife would be entitled to withdraw the amount that shall be deposited by the petitioner. It would be open for the respondent wife to tender separate application seeking maintenance pendant-lit in proceeding presented by the husband for judicial separation as well as claim interim maintenance in the proceeding presented by her which are sought to be transferred to Family Court, Bandra and the Judge dealing with the matters may consider such an application, if presented, in accordance with provisions of law. 3. So far as instant Misc. Civil Application is concerned, same is allowed in terms of prayer clause (a). The Judge of the Family Court shall decide both the proceedings in MCA 83/2011 and proceeding for grant of judicial separation being Petition No. A-1469/2011 together. 4. Rule is accordingly made absolute. There shall be no order as to cots. (R.M.BORDE, J)