1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 199 OF 2008 ( Smt. Kanchan @ Pinki Narayan Banothe vs. Shri Narayan Naindas Banothe) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 01, 2008. Heard Shri Gupta, Advocate for the applicant and Shri Shukla, Advocate for the respondent. The matter is today for final disposal as per orders dated 13.08.2008. On 13.08.2008, nobody had appeared for the respondent – husband. On prior date i.e. on 23.07.2008, there was no appearance. Today Shri Shukla, Advocate appears for the respondent and states that the respondent – husband has telephonically instructed him not to appear and though he has twice telephoned him, the respondent has not come to Nagpur to collect the papers. In this background, I have heard Shri Gupta, Advocate for the applicant – wife. Shri Gupta points out that the applicant has filed proceedings first before the Family Court at Nagpur 2 and thereafter in order to avoid those proceedings, the respondent has filed application under Section 9 of Hindu Marriage Act before the Civil Judge, Senior Division, Bhandara. He further points out that on affidavit, it has been specifically stated that the present applicant has no source of income, she is totally dependent upon her father, who is also having private service only and therefore, she cannot afford to visit Bhandara every month. It is further stated that she has two small daughters and there is nobody else to look after them. It is further pointed out that the respondent is having business as Contractor and therefore, he can afford and very easily come to Nagpur. These facts are not denied before this Court. In the circumstances, the request made by the applicant – wife is granted. HMP No. 63 of 2007 pending on the file of Civil Judge, Senior Division, Bhandara, is transferred to the Court of Principal Judge, Family Court at Nagpur, for trial along with Petition No.E/323/2007. The Registry to communicate this order to both the Courts. Misc. Civil Application is accordingly allowed. No order as to costs. JUDGE *GS.