1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 822 OF 2007 (Sau. Varsha Deepak Bantode vs. Deepak Ashok Bantode & Anr. ) 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 08, 2008. I have heard Shri Upadhye, Advocate for the applicant – wife, nobody appears for non- applicant No.1, though he is served. Shri Deshpande, AGP appears for non-applicant No.2 – State. The prayer in present application under Section 24 of Civil Procedure Code is to transfer HMP No. 90 of 2006 pending on the file of Joint Civil Judge, Senior Division, Kalyan, District – Thane, to the competent Court at Akola. The applicant – wife has pointed out that she is residing with her parents at Akola and her father is retired employee having limited means and the family is pulling on with great difficulties. Shri Upadhye, Advocate states that the applicant is not in a position to throw extra burden upon her father and she cannot go to Kalyan on each and every date with some companion. It is further pointed out that the proceedings under Section 125 of Criminal 2 Procedure Code for maintenance were already filed by the present applicant and revision against said adjudication is now pending at Akola. It is further stated that in this background, HMP has been filed by non-applicant – husband, at Kalyan and it will amount to harassment for present applicant, if she is required to proceed there as there is nobody in her family to look after these litigations. These averments made on oath are not denied by non-applicant No.1, who has chosen not to appear. In the circumstances, the prayers made in Misc. Civil Application are granted and HMP No. 90 of 2006 pending on the file of Joint Civil Judge, Kalyan, is transferred to the Civil Judge, Senior Division at Akola for its trial in accordance with law. The order be communicated to the Court at Kalyan, District - Thane and also to the Court at Akola. However, there shall be no order as to costs. JUDGE *GS.