IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (Transfer) NO. 1123/2010 (Shweta Chinmay Paradkar - Vs. - Dr. Chinmay Krishnarao Paradkar ) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri D.M.Upadhye, counsel for applicant Shri S.V.Sohoni, counsel for respondent ... CORAM : R. K.DESHPANDE, J. DATED : 20th DECEMBER, 2010. By this application under Section 24 of the Code of Civil Procedure, the matrimonial proceedings for divorce instituted in the Family Court at Akola are sought to be transferred to the Family Court at Amravati. The respondent- husband has initiated the proceedings for divorce under Section 27 of the Special Marriage Act in the Family Court at Akola and the same is registered as AP 244 of 2009. It was filed on 28.7.2009. 2] The applicant-wife claims that she has filed the proceedings under the Domestic Violence Act, on 15.9.2009 in the Court at Amravati. 3] The applicant wife has stated in the application that she has appeared in the proceedings at Akola before the Family Court with her own expenses along with her counsel at Amravati and she has attended about 30 dates before the said Court. She submits that it is not convenient for her to attend each and every date at Akola from Amravati, which is at the distance of about 110 kms. Hence, on this ground, the transfer has been sought. The learned counsel has relied upon several judgments of the Apex Court as well as of this Court, wherein it has been held that the convenience of wife has to be looked into. 4] Shri Sohoni, the learned counsel appearing for the respondent-husband has urged that the Family Court at Akola has passed an order below Exh.11 in AP 244/2010, directing the respondent to pay Rs.8,000/- per month towards the maintenance to the applicant-wife from the date of application i.e. from 1.10.2009, pending hearing and final disposal of the main petition. He submits that an amount of Rs.8,000/- towards arrars of maintenance and amount of Rs.8,000/- towards monthly maintenance is being paid to the applicant-wife regularly. He submits that the wife is getting Rs.16,000/- per month. It is informed by the learned counsel for the parties that the applicant-wife as well as respondent-husband both are medical practitioners. The distance to be travelled between the two places, takes hardly two hours. 5] No doubt, that the convenience of the wife is required to be looked into. However, it is not the hard and fast rule and it always depend upon the facts and circumstances of each case. The decisions of the Apex Court cited by the learned counsel for the applicant mostly deal with the cases of inter state transfer wherein the distance is much more and time consumption will be more. Similarly, the decision of this Court relied upon by the learned counsel for the applicant also deal with the facts and circumstances of the case involved to seek the order of transfer. Undisputedly, the applicant-wife is held entitled to get Rs.8,000/- per month towards maintenance. The arrears of maintenance at the rate of Rs.8,000/- per month are also being paid, which is the statement made by the learned counsel for the respondent-husband. Thus, the applicant is getting Rs.16,000/- per month. 6] The distance between the two places is hardly 100 kms. and the time required would be hardly of two hours to travel. The applicant is already participating in the proceedings at Akola and hence, there is no question of any inconvenience being caused to the applicant-wife. The application is, therefore, dismissed. The Family Court at Akola is directed to expedite the matter and decide it as far as possible within a period of three months, keeping in view the fact that the respondent-husband is required to pay an amount of Rs.16,000/- per month and the complaint is that the applicant-wife is dragging on the litigation. JUDGE Rvjalit