HC REJECTS WIFE’S PLEA OF moving divorce case to Pune
In an interesting matrimonial dispute, the Bombay High Court recently directed a Mumbai-based man to provide petrol, driver and a maid to his wife so that she can attend the family court hearings. The HC has asked the man to make the said arrangements to facilitate his wife’s travel from Pune to the Family Court in Bandra.
A single-judge bench of Justice Mridula Bhatkar issued the directions to city resident Mahesh Pathak, a government employee. He had opposed the application moved by his wife Swati Pathak urging the court to transfer the divorce petition, pending in the Family Court, Bandra to the concerned court in Pune.
The wife cited her ailments both physical and mental and pleaded the court to transfer the divorce petition, filed by her husband, to Pune. She claimed that she being a patient suffering from back pain, recurring episodes of vertigo, spinal problem, has been advised not to travel, especially alone.
While opposing her request, her husband highlighted the fact that he being a working man, will have to make too many adjustments, for attending court on each date. He argued that he has been paying a handsome amount of maintenance to his wife for her survival.
Having considered the contentions as raised, Justice Bhatkar said, “A medical certificate detailing the health issues of the wife was issued in July, 2017. Thereafter, the wife has attended three dates in the Family Court, Bandra and nothing is placed on record to show that on those dates, any untoward incident causing her either physical
Instead it directs the husband to pay for petrol, driver and maid to facilitate wife’s travel to attent court proceedings in Mumbai since she receives handsome maintenance amount
or mental trauma had taken place.”
“The distance between Mumbai and Pune is now hardly three hours. Considering the financial support given by the husband to the wife, I believe she can hire a driver and a maid to make her travel comfortable. Further, the husband has provided her a vehicle for transport so also sufficient amount of maintenance. He can be further ordered to pay Rs 2,500 towards petrol charges on each date,” Justice Bhatkar said in her orders.
Justice Bhatkar, accordingly directed the man to pay for petrol charges and also the charges of driver and maid (inclusive in the maintenance amount) and rejected the plea moved by the wife.