79. mca 79-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . . MISC CIVIL APPLICATION NO 79 OF 2010 Archana Kishor Bobde .. Applicant Vs Kishor Narayan Bobde .. Respondent . Mr Mayuresh Modgi for the Applicant . Ms Chaitrali Deshmukh for the Respondent : CORAM . . , . A S OKA J : DATE 7th , . FEBRUARY 2011 . .: P C . 1 . Heard the learned counsel for the parties The applicant is the . wife of the respondent The applicant is a resident of Post , , . . Vajreshwari Vasai Road Dist Thane The respondent is a . resident of Akola The respondent has filed a petition for . divorce against the applicant in Family Court at Akola Prior to , filing of the said petition the applicant has filed an application before the learned Judicial Magistrate First Class at Bhiwandi ( under the provisions of Protection of Women from Domestic ) . , Violence Act In the said application minor children of the . parties are also the applicants along with the applicant herein The minor children of the applicant are staying with the 1 79. mca 79-10.doc . applicant The prayer is for transfer of divorce petition pending . in the Court at Akola to the Family Court at Thane The learned counsel appearing for the respondent has opposed the prayer . on two grounds The first is that the affidavit in lieu of - - examination in chief has been already filed by the respondent , in the Family Court at Akola and therefore transfer will have . result of delaying the proceedings The second ground is that , as per the order passed by the Family Court at Akola the . - respondent is paying a sum of Rs 1000/ per trip to the . applicant by way of traveling expenses upto Akola . 2 The learned counsel appearing for the applicant pointed out that against the order passed in the application made by the , applicant the respondent has preferred an appeal in the . Sessions Court at Thane and the said appeal is pending . 3 , - Admittedly cross examination of the respondent in the . , petition filed by him has not been commenced In any case the respondent is required to attend the Court at Thane and . , Bhiwandi in Thane District Moreover the minor children are . , residing with the applicant Therefore it will be very . inconvenient for the applicant to attend the Court at Akola 2 79. mca 79-10.doc , . Hence a case is made out for passing the order of transfer As , a logical consequence of order of transfer the order regarding . payment of traveling expenses cannot be enforced . 4 , : Hence I pass the following order O R D E R . 1 ( ). Application is allowed in terms of prayer clause a 2. , ( ) It is made clear that in view of this order clause iii of the operative part of the order dated 20th May 2010 passed by - the Family Court at Akola on application at Exhibit 11 in A . . Petition No 311 of 2009 has become inoperative . . , . [ A S OKA J ] 3 79. mca 79-10.doc 4