bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION MISC. MISC. MISC. CIVIL APPLICATION NO. 46 OF 2008 CIVIL APPLICATION NO. 46 OF 2008 CIVIL APPLICATION NO. 46 OF 2008 Mrs.Maithili Swapnil Hegde ... Applicant v/s Mr.Swapnil Subashchandra Hegde ... Respondent Ms.Kokila Kalra for the applicant. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH JULY, 2008 25TH JULY, 2008 25TH JULY, 2008 P.C. P.C. P.C.: 1. This application has been filed for transferring the application filed by the respondent husband to the Family Court, Bandra from the Additional District & Sessions Court No.II Nasik, being G & W No.4 of 2008 pending before the Addl. District & Sessions Court, Nashik. 2. The applicant is the wife of the respondent. According to her, she was married to the respondent on 5.9.2004 and a son was born on 11.11.2005. A complaint was lodged by the wife against the respondent on 6.12.2007 under Section 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code vide C.R.No.568 of 2007. Immediately thereafter, the respondent husband 2 filed H.M.P. No.38 of 2008 for restitution of conjugal rights. That petition is pending before the Civil Judge (Sr.Divn.), Nashik. In March, 2008, the applicant has filed a petition for divorce bearing No.A-760 of 2008 in the Family Court, Bandra. The husband has also filed a petition bearing No.G & W No.4 of 2008 for being appointed as a guardian of their son. 3. The applicant submits that she is apprehensive of going to Nashik to attend these matter as she fears that the respondent who is an influential person would take undue advantage of the situation and cause her harm. She submits that her past sufferings at the hands of the respondent has given rise to these apprehensions. In fact, that is the reason for her filing a complaint alleging that the respondent had assaulted her. Apart from this, she submitted that her son is only two and a half years old and, therefore, it is difficult to attend the Court in Nashik, leaving him behind in Mumbai. 4. The respondent is served and has chosen to remain absent. In my opinion, there are sufficient reasons disclosed in the application which indicate that the aforesaid two proceedings pending before the Nashik Courts should be transferred to the Family Court at Bandra. The apprehension of the applicant wife does not 3 appear to be unfounded. Besides this, the fact that she has to take care of her two and ahalf years old son is also a reason for the proceedings to be transferred to Bandra. 5. Accordingly the miscellaneous civil application is allowed. 6. The proceedings bearing G & W No.4 of 2008 pending before the Additional District & Sessions Court No.II, Nashik, is transferred to the Family Court at Bandra. 7. The proceedings bearing H.M.P. No.38 of 2008 pending before the Civil Judge (Sr.Divn.), Nashik are transferred to the Family Court at Bandra.