1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 1240 OF 2007 (Sau. Deepali Rajesh Harlalka vs. Rajesh Mannalal Harlalka ) 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. This application under Section 24 of Civil Procedure Code, is for transferring HMP No.297 of 2007 filed by the non-applicant on the file of IIIrd Joint Civil Judge, Senior Division, Thane, to the Civil Judge, Senior Division, Akola. I have heard Shri Lohiya, Advocate for the applicant - wife and Shri Sarda, Advocate for the respondent – husband. Shri Lohiya, Advocate points out the difficulties being faced by the applicant – wife. Shri Sarda, Advocate states that convenience of the applicant – wife is not at all relevant as cause of action also accrued at Thane and, therefore, the matter has been rightly presented at Thane. He further states that the applicant is, therefore, under obligation to appear before Thane Court and contest the matter there. The perusal of the affidavit filed by the 2 applicant – wife shows that she has already filed proceedings under Section 125 of Criminal Procedure Code before the Chief Judicial Magistrate, Akola vide. Misc. Criminal Case No. 762 of 2006 and a Criminal Case registered as R.C.C. No.979 of 2006 under Section 498-A of Indian Penal Code. Both these proceedings are going on at Akola. Thereafter on 21.6.2007, the husband has filed the HMP at Thane. The applicant – wife has stated that she is dependent on her parents, who reside at Akola and she cannot afford the expenses for engaging any other Advocate at Thane. She has also expressed difficulty in undertaking journey from Akola to Thane along with her minor son and companion. She has further stated that her father is old person and also heart patient and having other ailments. In the circumstances, considering the other matters pending at Akola and difficulties expressed by the wife, prayer made by her for transfer of HMP to Akola is granted. HMP No. 297 of 2007 pending on the file of 3rd Joint Civil Judge, Thane, is transferred to the Competent Court at Akola. The order be communicated to said Court at Thane and also the Court at Akola. Shri Sarda, Advocate states that as far as possible, all cases be taken up on the same day and 3 date. Shri Lohiya, Advocate has no objection. In the circumstances, all the cases are directed to be listed on the same day and same date as for as possible. Misc. Civil Application is accordingly disposed of. No order as to costs. JUDGE *GS.