1 mca38-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa MISCELLANENOUS CIVIL APPLICATION NO. 38 OF 2010 Sau.Sayli Ranjeet Jadhav .. Applicant V/s. Shri Ranjeet Madhusudan Jadhav .. Respondent .... Mr. A. B. Patwardhan with Mr. T. R. Yadav for the applicant/petitioner. Mr. Sunil K. Chinchalkar for the respondent. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 15, 2011. ORAL JUDGMENT :- Advocate Mr. N. J. Patil appearing for the applicant granted discharge. 2. Heard the learned counsel appearing for the parties. Taken up for final disposal. 3. The applicant is the wife of the respondent. It appears that 2 mca38-10 parties are residing separately. From the wedlock, a son is born who is about 15 years old. The applicant is a resident of Pune. Admittedly, the son is in the custody of the applicant-wife and is taking his education in a school in Pune and is studying in 9th standard. The applicant has filed an application under Section 12 of the Domestic Violence Act, 2005, in the Court of the Judicial Magistrate, Fist Class at Pune. The said application has been filed in May 2009. In November 2009, the respondent husband filed a Petition for divorce against the applicant in the Court of Civil Judge, Senior Division at Sangli. The prayer in this application is for transfer the said petition filed in the Sangli Court to the Family Court at Pune. 4. I have heard the learned counsel appearing for the parties. Though, the learned counsel appearing for the respondent did not dispute that for the purpose of employment, the respondent is residing in Pune, he submitted that the respondent is a permanent residents of Sangli and some of the witnesses namely parents of the respondent are resident of Sangli. He submitted that prejudice would be caused to the respondent if the petition for divorce is transferred to the Court at Pune. 3 mca38-10 5. Admittedly the applicant and her school going son are residing at Pune. The son is studying in 9th standard. Admittedly, for the purpose of the employment, respondent husband is residing at Pune. Considering the age of the minor son and considering the fact that he is studying in 9th standard, it would be inconvenient to the applicant to attend the Court at Sangli. Moreover, the respondent is also a resident of Pune. If any witness proposed to be examined by him has any difficulty in attending the Court at Pune, the respondent can always apply for appointment of a Court Commissioner for examining the witness. Hence, a case is made out for transfer. Accordingly, I pass the following order : :: O R D E R :: i. Hindu Marriage Petition No.246 of 2009 pending in the Court of the learned Civil Judge, Senior Division, Sangli, is hereby transferred to the Family Court at Pune for final disposal. 4 mca38-10 ii. Application is allowed in the above terms. iii. Hearing of the Petition is expedited. iv. No order as to costs. JUDGE