Bombay High Court
Vijaya W/O Praveenkumar ... vs Praveenkumar S/O Rajkumar ... on 21 November, 2016
Bench: S.P. Deshmukh
1 MCA-51.16.doc
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISELLANEOUS CIVIL APPLICATION NO. 51 OF 2016
Vijaya w/o Praveenkumar Badadapure
Age 36 years, occup. Household,
R/o Suyog Colony, Parbhani, Tq. and
Dist. Parbhani .. Applicant
versus
Praveenkumar Rajkumar Badadapure
Age 44 years, occup. Lecturer,
R/o C/o Principal, J.S.P.M.
Imerial College of Engineering and
Research, Nagar Road, Wagholi,
Pune, Tq. and Dist. Pune .. Respondent
----
Mr. Santosh S. Naik, Advocate for applicant
Mr. Mahesh K. Bhosle, Advocate for respondent
Coram : Sunil P. Deshmukh, J.
Date : November 21, 2016
Oral Judgment:
1. Rule. Rule made returnable forthwith. Heard learned
counsel for appearing parties finally, by consent.
2. It appears, the marriage which had taken place between the
parties ran into some trouble in 2011 whereunder the applicant
went to her parental home at Parbhani and since then is residing
there. It further appears that in 2011, proceedings for
maintenance at the instance of the applicant have been moved and
have been disposed of under a settlement pursis.
3. Thereafter since the situation did not improve, it appears,
proceedings for restitution of conjugal rights have been instituted
2 MCA-51.16.doc
at the instance of the applicant in a court at Parbhani which have
progressed to evidence which is being led and respondent -
husband has been attending to said proceedings at Parbhani.
4. The husband has, however, filed proceedings for dissolution
of marriage in a court at Pune.
5. It is submitted on behalf of the applicant that her father has
been suffering paralysis; applicant too has been suffering some
ailment and it has become difficult for her, economically and even
otherwise, to undertake journey to Pune which is about 400
kilometer from Parbhani to attend the proceedings by husband
seeking dissolution of marriage, besides the daughter being young
and is required to be maintained.
6. Learned counsel for respondent on the other hand contends
that the respondent is working as lecturer in J.S.P.M. Imperial
College of Engineering and Research, Nagar Road, Wagholi, Pune,
Tq. and Dist. Pune. He has also to look after his ailing father who
is aged about 78 years and requires constant attendance at Pune.
He further contends that respondent is ready to bear expenses for
journey of applicant from Parbhani to Pune and back.
7. Although aforesaid is being submitted on behalf of the
respondent, in the facts and circumstances as are occurring
hitherto, it appears to be expedient, since husband has been
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attending the court proceedings at Parbhani, and looking at the
difficulties as have been expressed on behalf of the applicant, that
the proceedings pending in court at Pune are transferred to the
court at Parbhani with a further direction to disposed of both the
proceedings at an early date.
8. In view of aforesaid, miscellaneous civil application stands
granted in terms of prayer clause (B). The proceedings transferred
from Pune court to court at Parbhani and the one filed in the court
at Parbhani be taken up for disposal at an early date and disposed
of preferably within a period of six months from the date of receipt
of proceedings from Pune court. It would be further expedient that
the dates in the matters are so arranges as would be convenient to
the respondent-husband.
9. Rule made absolute accordingly. Miscellaneous civil
application stands disposed of.
SUNIL P. DESHMUKH,
JUDGE
pnd
