1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Miscellaneous Civil Application No. 198/2008 (Chanda Deepak Sawaimoon VERSUS Dipak Nareshchandra Sawaimoon & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Rajkarne, counsel for the applicant. Shri R.G. Waghmare, counsel for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 14, 2009. Heard the learned counsel for the parties. None appears on behalf of the respondent no.1 though a notice of final disposal was issued to the respondents by an order dated 13.03.2008 and both the respondents were served with the notice. By this application under Section 24 of the Code of Civil Procedure, the applicant seeks a transfer of petition No.A-1236/2007 pending on the file of Family Court No.7, Bandra, Mumbai to the Family Court at Nagpur. It is stated in the application that the applicant and the respondent no.1 were married at Nagpur on 20.08.1986. They resided at the matrimonial home in Mumbai for a 2 period of almost 18 years. On 20.04.2007, the parties started residing separately and the applicant shifted to her brother's residence at Nagpur. It is stated in the application that the applicant had filed a petition for grant of decree of divorce in the Family Court at Nagpur and the same is registered as Petition No.512/2007. The petition has been filed under the provisions of Section 27 (1)(a)(d) of the Special Marriage Act. After the applicant filed a petition for grant of a decree of divorce, it is the case of the applicant that the respondent no.1 also filed a petition for grant of decree of divorce at the Family Court at Mumbai on 04.06.2007. It is the case of the applicant that the petition of the wife has been filed at an earlier point of time. It is further stated in the application that the financial condition of the wife is very weak and it is not possible for her to attend the family Court at Mumbai. It is also stated in the application that being a lady, it would be difficult for 3 the applicant to travel to Mumbai all alone as there is nobody in the family of the applicant to accompany her to Mumbai where the respondent no.1 has filed the petition for grant of decree of divorce. It is stated in the application that the respondent no.2 has been joined as a party to this application as the respondent no.1-husband has joined the respondent no.2 as a party to the petition filed by him in the Family Court at Mumbai. It is, thus, submitted by the applicant that it is necessary in the interest of justice to transfer the case filed by the respondent no.1 at Family Court at Mumbai to the Family Court at Nagpur so that both the petition could be clubbed together and a decree of divorce by consent could be obtained. The learned counsel for the respondent no.2 states that the respondent no.2 has no objection if the Petition No.A-1236/2007 filed by the respondent no.1 and pending in the Family Court No.7, Bandra, Mumbai is transferred to Nagpur. 4 On the basis of the aforesaid facts, it is clear that the applicant has made out a case for transferring the petition No.A-1236/2007 from the Family Court No.7, Bandra, Mumbai to the Family Court at Nagpur so that it could be tagged along with Petition No.512/2007 filed by the applicant against the respondent no.1. In the result, the miscellaneous civil application is allowed in terms of prayer clause (1). No order as to costs. JUDGE APTE