1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE MISC. CIVIL APPLICATION NO. 75 OF 2006 MISC. CIVIL APPLICATION NO. 75 OF 2006 MISC. CIVIL APPLICATION NO. 75 OF 2006 Smt. Charuta w/o Amit Samrit ... Applicant Versus Shri Amit S/o Narendra Samrit ... Respondent. Mr.Rajendra G.Megh, Advocate, for the applicant. Mr.Amit Narendra Samrit, respondent in person. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 16th February,2008. DATE: 16th February,2008. DATE: 16th February,2008. P.C. P.C. P.C. 1. Heard learned Counsel for the applicant and the respondent present in person. 2. The respondent-husband filed Marriage Petition No.A-284 of 2006 for restitution of conjugal rights before the Family Court, Pune. The wife is living at 2 Nagpur. She seeks transfer of that Petition to the Family Court at Nagpur. It may be noted that attempts were made for conciliation through a mediator, but the attempts failed. The respondent-husband orally makes a statement that he has no objection if the case is transferred to Nagpur. 3. Therefore, with consent the Application is allowed and the Marriage Petition No.A-284 of 2006 is hereby withdrawn from the Family Court, Pune and stands transferred to the Family Court, Nagpur. The Application stands disposed of. 4. At this stage, the learned Counsel for the applicant seeks a direction that the amount of Rs.5,000/- which is deposited by the respondent for payment to the applicant-wife be allowed to be withdrawn by the wife. That was the amount for the expenses of her journey for the purpose of mediation. The respondent makes a statement that she had come only once before the mediator on 26.3.2007. The report by the mediator (Hon’ble Mr.Justice A.B.Palkar, former Judge of the Bombay High Court) shows that on 21.3.2007, Advocate for the applicant had appeared, but she herself had not appeared, while the respondent was present in person. 3 On 26.3.2007, consent terms were filed revealing that from the first week of September, 2007 they would be living together for 2 months on trial basis tentatively and they would stay separately from the parents. Inspite of this, the applicant never stayed nor any further attempt was made for conciliation. The mediation has thus failed. As the applicant herself did not participate in the mediation excep that she appeared before the mediation only once, in my consideration opinion, it will not be desirable to allow her to withdraw whole of the amount deposited by the respondent. Therefore, I direct that out of the said amount, a sum of Rs.2,000/- may be paid to the applicant and Rs.3,000/- may be refunded to the non-applicant/respondent. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)