1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.93 OF 2008 Puja w/o.Sunil Gaikwad ..Applicant V/s Sunil s/o.Shivaji Gaikwad ..Respondent Mr.Sachin S. Punde & Mr.Amol K. Gawali, Advocate, for the applicant Mr.V.D.Borwankar, Advocate, for the respondent CORAM : R.M.SAVANT, J. DATE : 24TH MARCH, 2009 P.C. . By the above Miscellaneous Civil Application, the applicant seeks transfer of the Custody Petition bearing P.D.No.22 of 2008 and the Petition for dissolution of marriage (Entry No.124 of 2008) filed by the respondent in the Family Court at Pune to the Family Court at Ahmednagar. The transfer is sought inter alia on four grounds. The first ground being the proceedings filed by the wife for maintenance and a complaint under the Protection Of Women From Domestic 2 Violence Act are already pending in the Court at Ahmednagar. Secondly, the applicant is suffering from pain in the neck. Thirdly, she is dependent upon her parents and has no financial capacity to undertake the travel to Pune everytime. Lastly, she has a minor child of eight years and further travelling to Pune everytime causes inconvenience. The learned counsel for the applicant also relied upon the Judgment of a learned Single Judge of this Court reported in 2003 (2) ALL MR 244 in the matter of Mrs.Anisha Sanjay Hinduja Vs. Mr.Sanjay Shrichand Hinduja wherein it has been held that the transfer of suit or other proceedings from one Court to other competent Court has to be made for justifiable reason and cannot be in arbitrary exercise of jurisdiction under Section 24 of the Code. It is further held that convenience of wife has to be considered. 2. In the instant case, the distance between Pune and Ahmednagar is approximately 100 Kms and the travel time is approximately two hours. In my view, no case for transfer on the grounds mentioned in the above Miscellaneous Civil Application is 3 made out. As held by the learned Single Judge in the Judgment cited (supra) the transfer from one Court or another has to be her justifiable reason. In my view, the interest of justice would be served, if the respondent is directed to pay a sum of Rs.500/- as travelling expenses to the applicant on the dates when the applicant/wife has to attend the Family Court at Pune. 3. In the event the applicant has to stay overnight, the respondent to pay a further sum of Rs.500/- for the said stay. With the aforesaid directions, the above Miscellaneous Civil Application is dismissed. (R.M.SAVANT, J.)