SM 1 50.mca.141.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 141 OF 2011 Mrs. Sonalil Amol Wani ....Applicant. Versus Mr. Amol Bhaskar Wani ....Respondent. ____________ Mr. Satyavrat Joshi for the Applicant. Mr. Abhijit Sarwate for the Respondent. CORAM: R. M. BORDE, J. DATED : DECEMBER 12, 2011. P.C.: This is an application seeking transfer of proceedings of Divorce Petition presented by the husband in the Family Court, Pune bearing PA No. 822 of 2009 to the court of Civil Judge, Senior Division, Dhule. 2. According to the wife, she is unemployed and is at mercy of her parents. The applicant-wife is staying at Dhule with her child who is five years of age, therefore, it is not convenient for her to attend the dates prescribed in the proceedings at Pune. Pointing out these difficulties, the wife prays for transfer of proceedings from Family Court Pune to the Civil Judge, Senior Division, Dhule. It is also the contention of the applicant-wife that she has presented an application seeking restitution of conjugal rights bearing HMP No. 257 of 2011 before the Civil Judge, Senior Division, Dhule and the same is pending. It is stated that in the facts and circumstances of the case, it would be desirable to direct the Court at Dhule to decide both the proceedings together. SM 2 50.mca.141.11 3. The respondent has presented his say and opposed the contentions raised in the application. It is stated that the application for restitution of conjugal rights was also presented by the respondent-husband bearing No. 553 of 2008 before the Family Court, Pune and decree was passed in favour of the respondent. The applicant-wife, inspite of there being a decree do not join the matrimonial company of the husband, which led the husband to file an application seeking divorce. In view of the decree passed by the Trial Court in favour the husband directing the wife to join his matrimonial company, I am doubtful as regards the maintainability of the subsequent application presented by the wife before the Court of Civil Judge, Senior Division, Dhule. The another factor which persuades me not to accept the request of the wife is that, the proceedings presented by the husband at Family Court Pune is at the stage of recording of evidence. It is stated that the respondent-husband has presented his affidavit in lieu of examination in chief and the matter is listed for recording of further evidence. The application presented by the husband in the Family Court, Pune in the year 2009 and is pending since last two years. At this stage it is not desirable to transfer the matter presented by the husband at Pune as requested by the applicant- wife. In order to meet the argument of hardship faced by the applicant-wife, the respondent-husband can be put to terms in respect of payment of litigation expenses. In these facts and circumstances of case, it would be appropriate to direct the respondent-husband to deposit an additional amount of Rs.25,000/- (Rupees Twenty Five Thousand only) in the Family Court, Pune towards litigation expenses payable to the applicant SM 3 50.mca.141.11 wife. The respondent-husband to deposit additional amount of Rs.25,000/- (Rupees Twenty Five Thousand only) in the Family Court, Pune within a period of six weeks from today. On making deposit of amount of Rs.25,000/- (Rupees Twenty Five Thousand only) in the Family Court, Pune, the applicant-wife would be at liberty to withdraw the same. 4. Sofar as the present application is concerned, it does not called for any interference and the same is rejected. 5. The Family Court, Pune is directed to decide the pending Petition expeditiously. (R. M. BORDE, J.)