1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 106 OF 2008 Mrs.Aarti Kanhaiyalal Kesharwani ... Applicant v/s Mr.Kanhaiyalal Kesharwani ... Respondent Mr.Pankaj Das for the applicant. Mr.Hiranya Pandey i/by N.P.Bhavsar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 20TH NOVEMBER, 2009 P.C.: 1. The miscellaneous civil application has been filed for transfer of the proceedings from the Family Court, Bandra to the Court of Civil Judge, Senior Division, Thane. 2. The marriage between the applicant and the respondent was solemnized in accordance with Hindu marriage rites on 18.5.2009 in Mumbai. A son was born to them. It appears that he is mentally challenged. Another child was born thereafter in 2007. According to the applicant, she was driven out with her children from the 2 matrimonial home on 14.12.2007. She, therefore, lodged a police complaint under Section 504 of the Indian Penal Code. Since then the applicant and her two children have been residing with her parents. An application was preferred by the applicant under Section 125 of the Code of Criminal Procedure for maintenance for her children as well as for herself. In June, 2008, she received a summons from the Family Court, Bandra, in Marriage Petition No.A-391 of 2008. She has, therefore, sought a transfer of this petition to the Civil Judge, Senior Division, Thane. 3. Admittedly, the applicant would have to travel to Bandra along with her two children, one of 4 years and another of 1½ years old. The elder child is mentally challenged and it will be difficult for her to travel with the children to Bandra on each date fixed for hearing. 4. In these circumstances, in my view, the proceedings pending before the Family Court, Bandra, must be transferred to the Civil Judge, Senior Division, Thane. In fact, the respondent who is represented by Mr.Pandey, has no objection to this course being adopted. 5. Accordingly, the miscellaneous civil application allowed in terms of prayer clause (a) and stands disposed of. 3 4