DEEPA Vs. NANDKISHORE

JUDGEMENT

(1.) THIS is an application for transfer of H.M.P. No. 10/1996 from the file of the Civil Judge, Senior Division, Yavatmal, to the file of the Civil Judge, Senior Division, Chandrapur. Ground for transfer is that the amount of interim maintenance of Rs. 200/ -granted to the petitioner wife and Rs. 200/ - for her minor daughter as also Rs. 500/ - towards litigation expenses is inadequate. It is submitted that the said order has been challenged by filing revision and Notice before Admission is issued. Therefore the said order is sub -judice and is under consideration of this Court.

(2.) IT will be in appropriate to transfer the petition from one Court to another because the expenses of litigation granted by the Court in proceeding under Hindu Marriage Act are insufficient or inadequate. Under these circumstances it is for the petitioner to make request to the said Court pointing out the circumstances how in given case inadequate amount results prejudicing her right of fairly contesting the petition. However such claim cannot be made in fanciful manner and it will be granted on the basis of capacity of husband to pay the amount for the purpose of litigation. However since the matter is sub -judice, I refrain myself from making any observations. There is no merit in the application. Hence it is rejected.