SM 1 28.mca.22.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 22 OF 2011 Swati Abhijit Bhandare ....Applicant. Versus Abhijit Vilas Bhandare ....Respondent. ____________ Mr. A. B. Borkar for the Applicant. Mr. Sudhir Prabhu for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 13, 2011. P.C.: Heard. Rule. 2. With the consent of parties Miscellaneous Civil Application is taken up for hearing and final disposal at the admission stage. 3. This is an application seeking transfer of matter i.e. Hindu Marriage Petition No. 77 of 2010 presented in the Court of Civil Judge, Senior Division, Sindhudurg to the Court of Civil Judge, Senior Division, Ichalkaranji. It is stated that the respondent­husband has presented the proceedings for restitution of conjugal rights against the petitioner­wife being Hindu Marriage Petition No. 77 of 2010 in the Court of Civil Judge, Senior Division, Sindhudurg. The petitioner­wife is residing at Ichalkaranji alongwith her parents. She has also filed a substantive suit claiming maintainance amount being Special Civil Suit No. 140 of 2010, which is pending in the Court of Civil Judge, Senior Division, Ichalkaranji. According to the applicant, she stays SM 2 28.mca.22.11 alongwith her father and mother who are quite old. It is stated by the applicant that her father is suffering from paralysis and is bedridden for last 3 years. The condition of her father is very critical and he cannot even speak. The mother of the applicant is also of an advance age and suffering from blood pressure. The applicant has an unmarried sister who is in employment and cannot look after the parents. The applicant, who is dependent upon her parents and the sister who is in employment is residing at Ichalkaranji. The applicant/wife is not doing anything to earn livelihood and is dependent upon her family members. It is, thus, contended by the applicant that in these facts and circumstances, she is not in a position to prosecute the litigation presented by her husband at Sindhudurg. The applicant prays for transfer of matter presented by husband from Sindhudurg to Ichalkaranji. The application is opposed by the respondent on the ground that the respondent/husband is serving on daily wages in BSNL and his financial condition is not well and it would not be possible for him to prosecute the litigation by attending the dates at the Court at Ichalkaranji. It is, contended that there is no reason to transfer the matter from Sindhudurg to Ichalkaranji. It is to be noted that the matrimonial proceedings shall be normally instituted adn heard at the place where the wife resides. It is also to be noted that the wife is not earning anything and dependent upon her parents. As compared to the husband the condition of the wife is more precarious. In these circumstances, considering these facts of the case, I deem it appropriate to transfer the matter presented in the Court of Civil Judge, Senior Division Sindhudurg by husband to the Court of Civil Judge, Senior Division, Ichalkaranji. 4. The application, is thus allowed. Hindu Marriage Petition No. 77 of 2010 presented by the husband before SM 3 28.mca.22.11 the Court of Civil Judge, Senior Division Sindhudurg is transferred to the Court of Civil Judge, Senior Division, Ichalkaranji and the same be decided with the Special Civil Suit No. 140 of 2010 presented by the applicant­wife. 5. Rule is made absolute. In the facts and circumstances of the case, there shall be n o order as to costs. (R. M. BORDE, J.)