1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.34 OF 2009 Sau.Ashwini Mohit Shinde - PETITIONER VERSUS Shri Mohit Prataprao Shinde - RESPONDENT ***** Mr.SP Shah, Advocate for Petitioner; Mr.PS Paranjape, Advocate h/for Mr.SG Dargad, Adv. for Respondent. ----- CORAM : K.U.CHANDIWAL, J. DATE : 22nd February, 2010. PER COURT : 1) Heard both the counsel representing the wife and the husband. 2) In an unfortunate matrimonial discord between the wife and husband, proceedings are initiated by HMP No.27/2006 by the husband before the learned Civil Judge, Senior Division, Malshiras. Simultaneously, the wife has also 2 initiated the proceedings, one for maintenance under Section 125 Cr.P.C. and another under Section 498A and other provisions of IPC being RCC No.313/2006 at Udgir. 3) The Counsel for wife, the petitioner, submits that there was a threat to the life of the wife at Malshiras, when she had been to attend the court proceedings on 4.9.2009 as she was threatened by her husband near Malshiras- Akluj with dire consequences, if she attends the proceedings again. 4) Without adverting to the merits of what the wife has canvassed, as it is a part of application (Exhibit-76) moved before the learned Judge, which is yet to be adjudicated upon, the fact remains, the wife has also equally succeeded in getting the matter at Udgir adjourned, causing all sorts of inconvenience to the husband and other persons/relatives, who are accused in the prosecution launched by the wife. 3 5) Before the learned CJSD already precautionary measures are taken, viz., directing the husband to pay Rs.4,000/- towards the costs for attending the court proceedings and Rs.1500 as monthly allowance to the wife. A grievance is made that in spite of such orders, the amount is in arrears to the extent of Rs.41,000/-. 6) Considering the ground realities, though the wife has no male member in her family and Mr.Shah has relied to the judgment of the Apex Court in the matter of Leena Mukherjee Vs. Rabi Shankar Mukherjee - (2002) 10 SCC 480), however, the fact remains that the matter at Malshiras has reached a final stage, last witness of the husband is to be cross-examined and thereafter it will be affidavit in chief to be tendered by the wife and then she will be subjected to cross- examination. Considering the stages left over at Malshiras, it is not that absence of male member in the family will incapacitate the wife to attend the court at Malshiras, as the record 4 display, in past the wife was accompanied with her close relations to attend the proceedings. A care can be taken to compensate for such travel from Udgir to Malshiras. Hence, order. 7) The application is dismissed. The husband/Respondent shall pay Rs.2,000/- (Rupees two thousand) to the petitioner/wife for her attendance on effective hearing at the Court of CJSD, Malshiras. 8) The respondent/husband shall deposit and pay Rs.41,000/- (Rupees forty one thousand) (arrears) by a Demand draft, to be issued in the name as suggested by the wife, and send the same at the address of the wife within three weeks from today. (K.U.CHANDIWAL) JUDGE bdv/mca34.09