1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application (Transfer) No.1495 of 2009 (Smt. Lata w/o Santosh Amberkar v. Santosh s/o Jagannath Amberkar) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.D. Dharmadhikari, Advocate for Applicant. Shri S.Y. Deopujari, Advocate for Non-Applicant. Coram : R.K. Deshpande, J. Dated : 1 st September, 2010 This application under Section 24 of the Civil Procedure Code has been preferred by the wife seeking transfer of Petition No.A-2534 of 2009 filed by the non-applicant/husband under Section 13 of the Hindu Marriage Act, which is pending in 3 rd Family Court at Bandra, Mumbai. The applicant-wife has stated that she has filed a complaint on 2-11-2009, which is registered as Misc. Criminal Case No.1693 of 2009 under the provisions of the Protection of Women from Domestic Violence Act and which is pending in the Court of Judicial Magistrate First Class at Nagpur. She submits that she is residing at Nagpur and the marriage was solemnized at Nagpur. She, therefore, prays that the marriage petition pending in 3 rd Family Court at Bandra, Mumbai be transfered to the Family Court at Nagpur. In view of the difficulties expressed by the applicant-wife in the application, Petition No.A-2534/2009 needs 2 to be transferred from the 3 rd Family Court at Bandra, Mumbai to the Family Court at Nagpur. The learned counsel for the non-applicant/husband has expressed the difficulties of his client, who is in the service of the Government Undertaking. He submits that the proceedings under the Protection of Women from Domestic Violence Act are pending in the Court of Judicial Magistrate First Class, Nagpur, whereas the marriage petition under Section 13 of the Hindu Marriage Act, which is to be transferred from Mumbai to Nagpur, would be tried by the Family Court at Nagpur. In view of this, he submits that if both the matters are taken on one and the same date – as far as possible, then that would solve the difficulties of the non-applicant/husband. The learned counsel for the applicant-wife submits that his client shall co-operate with the non-applicant if it is otherwise possible. In view of the above, the following order is passed : Petition No.A-2534/2009 pending in 3 rd Family Court at Bandra, Mumbai (Santosh s/o Jagannath Amberkar v. Smt. Lata w/o Santosh Amberkar) be transferred to the Family Court at Nagpur. The application is allowed accordingly. No order as to costs. Judge pdl