: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.188 OF 2009 Smita Shakti Maynal .. Applicant V/s. Shakti Basawannapa Maynal .. Respondent The Applicant present in person. None for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 26 TH FEBRUARY, 2010. P.C.: 1. The Miscellaneous Civil Application has been filed for transfer of the proceedings in Marriage Petition No.693 of 2009 pending before the Family Court, Pune to the Family Court at Bandra, Mumbai. 2. Notice was issued on 13th November, 2009. The applicant attempted to serve the respondent by all modes of service. However, it appears that the respondent has refused to accept service by hand delivery. Therefore, the applicant attempted to serve the respondent through R.P.A.D. That packet has been returned undelivered. The applicant then : 2 : served the respondent on 5th December, 2009 in the Family Court, Pune and that service has been acknowledged by the respondent. However, the respondent is not present in Court, despite service upon him. 3. The petitioner was married to the respondent on 8th July, 2008. It appears that they lived together upto 24th December, 2008 and have been staying separately ever since then. A Petition under Section 12(1)(a), (b) and (c) of the Hindu Marriage Act, 1955, was filed by the petitioner before the Family Court at Bandra, Mumbai. Thereafter, on 13th July, 2009, the respondent filed Petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, before the Family Court, Pune. The present Miscellaneous Civil Application has been filed for transferring the proceedings from the Family Court, Pune to Family Court at Bandra, Mumbai. The petitioner has mentioned the reasons for which she is seeking a transfer of the proceedings in the application. She has stated that her father is 77 years of age and is completely : 3 : blind and her mother is also old. The petitioner contends that she is living in Mumbai and since she is without a job, she is unable to travel to Pune because of the expenses that she would have to undertake. She has further stated that her travel to Pune would cast an additional burden on her parents. 4. In these circumstances, in my view, the Miscellaneous Civil Application filed by the petitioner needs to be allowed. Furthermore, the proceedings in the Family Court, Pune were filed by the respondent after the petitioner filed her Petition in the Family Court at Bandra, Mumbai. 5. Accordingly, the Miscellaneous Civil Applica- tion is allowed in terms of prayer clause (a). 6. The Miscellaneous Civil Application is disposed of.