1 mca79.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Misc. Civil Application No. 79 of 2011 Mrs. Pinal Prasanna Bhansali ....Applicant v/s. Mr. Prasanna Ashok Bhansali ....Respondent Mr. Raghuwanshi i/b. A.S.Kulkarni for the applicant. CORAM: R.M. BORDE, J. 16th December, 2011 PC: Mr. Raghuwanshi, Counsel appears for the applicant. None appears for respondents though served. 2. This is an application seeking transfer of Petition No. 49/2011 from Family Court, Aurangabad to the Court of Civil Judge, Senior Division, Solapur. The respondent has presented an application under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights before Family Court at Aurangabad on 7th February, 2011 whereas petitioner wife has presented an application under Section 13 of the Hindu Marriage Act seeking a decree of divorce against the respondents in the Court of Civil Judge Senior Division Solapur bearing Hindu Marriage Petition No. 96/2011. It is the contention of the applicant that she is unemployed and is staying at Solapur and is at the mercy of her parents. The applicant has to take care of 15 months old child and due to financial as well as other difficulties faced by her, she is not in a position to prosecute the litigation presented by her husband at Family Court, Aurangabad. It is also contended by the applicant that she has nobody to look after her apart from her parents. Her elder brother has also met with untimely 2 mca79.11.sxw death recently. In these circumstances, according to applicant it is difficult for her to attend the proceedings presented at Family Court, Aurangabad by the husband. 3. Inspite of service of notice, none appears for respondents. 4. Taking into consideration the contentions raised by the applicant in the application, I am of the opinion that a case is made out for transfer of matter from Family Court, Aurangabad to the Court of Civil Judge Senior Division, Solapur. The proceedings of Application No. 49/2011 presented by respondent in the Family Court, Aurangabad be transferred to the Court of Civil Judge, Senior Division, Solapur and both the applications i.e. Petition No. 49/2011 as well as Hindu Marriage Petition No. 96/2011 be allotted to the one and the same Judge and be heard together. 5. Application is thus allowed. In the facts and circumstances of this case there shall be no order as to costs. (R.M.BORDE, J)