1 mca128.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. Misc. Civil Application No. 128 of 2011 Mrs. Vaishali Amol Jadhav ....Applicant v/s. Amol Uddhav Jadhav ....Respondent Nitin V. Gangal for the applicant. Tejas Dande for the respondent. CORAM: R.M. BORDE, J. 20th December, 2011 PC: This is an application seeking transfer of matrimonial proceedings presented before the Court of C.J.S.D., Pune being Application No. 236/2010 to the Family Court, Thane. It is stated that marriage of the petitioner with respondent-husband was solemnized on 24th November, 2008. Due to matrimonial discord arising between the parties, the wife was deserted on 9th May, 2009 and since thereafter she has taken shelter with her parents and brother. A complaint was lodged by the petitioner-wife alleging offence under Section 498 A of the Indian Penal Code against the accused at Pimpri on 30th August, 2009. In pursuance to lodging of complaint, investigation has been completed by the Pimpri police and chargesheet is stated to have been presented. In the criminal proceedings the petitioner has stated that she is residing at Thane alongwith her brother. There is also an application presented by the petitioner-wife under Section 125 of the Code of Criminal Procedure being Application No. 62/2009 in the Court of JMFC, Thane. The application came to be transferred after establishment of Family Court at Thane and the same is numbered as E-287/2010. An objection was raised in respect of entertainability of the proceedings at Family Court, Thane by the respondent- 2 mca128.11.sxw husband on the ground that petitioner resides at Nashik and not at Thane and, therefore, the proceedings are incompetent before the Family Court, Thane. It appears that objection raised by the respondent-husband was upheld. However, the order passed by the trial Court upholding the objection raised by respondent is the subject matter of challenge in the criminal revision application presented by the applicant-wife before this Court and this Court has granted stay to the execution of the order. As such proceedings in respect of grant of maintenance under Section 125 of the Code of Criminal Procedure initiated by the wife are being proceeded by the Family Court at Thane. It is the contention of the applicant that she resides with her brother at Thane. Her father was residing for certain duration at Nashik, however, after his retirement he has also shifted to Thane and is staying with his son i.e. brother of the petitioner. 2. It is contended by the applicant that she is unemployed lady and is at the mercy of her parents. It would be inconvenient for her to attend the proceedings presented by the respondent-husband in the Court of C.J.S.D., Pune and those be transferred to the Family Court at Thane. 3. The application has been opposed by the respondent contending that the petitioner wife resides at Nashik and not at Thane and in order to cause inconvenience and harassment to respondent-husband the instant application has been presented. My attention has been invited to certain documents in respect of service of summons under 125 Cr. P.C. proceedings and it is contended that the applicant was at some point of time residing at Nashik. What is material for effecting transfer of matter from one place to another is the present place where the applicant is residing and not the place where she at any point of time resided. It is stated on oath by the applicant that she is residing at Thane and not at Nashik and her statement regarding her present residence 3 mca128.11.sxw needs to be accepted. The matrimonial proceedings need to be prosecuted at the place where the wife resides. 4. In view of the peculiar facts and circumstances of the case and in view of the fact that proceedings under Section 125 of Criminal Procedure Code are pending for consideration before the Family Court, Thane. It would be convenient to direct transfer of proceedings of Application No. 236/2010 presented in the Court of C.J.S.D., Pune to the Family Court, Thane. 5. The application is, thus, allowed in terms of prayer clause (a). In the facts and circumstances, there shall be no order as to costs. (R.M.BORDE, J)