ash 1 mca-70.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION MISC. CIVIL APPLICATION NO. 70 OF 2009 Mrs. Margaret Daniel Gaikwad .. Applicant Vs Daniel Louis Gaikwad. .. Respondent -- Shri S.N. Pillai for the Applicant. -- CORAM ; A.S. OKA, J DATED : 6TH MAY, 2011 P.C. . This Misc. Civil Application is shown on the cause list for final disposal. Heard learned counsel appearing for the Applicant. None appears for the Respondent. Perused the reply filed by the Respondent. 2. The Applicant wife is a resident of District – Pune. The Respondent husband is a resident of Nashik. The Applicant has filed a Petition for dissolution of marriage which is pending before the District Court at Pune. The Respondent husband has filed a Petition in the District Court at Nashik for judicial separation. The prayer in this application is for transfer of the petition filed by the Petitioner husband to the District Court at Pune. ash 2 mca-70.09 3. Attention of the Court is invited to the averments made in Paragraphs 13 and 14 of this Application which read thus:- “13. The applicant states that the distance between the residence of the Applicant and the District Court, Nashik is about 230 kilometers and she has to travel about 6 hours to reach the Court at Nashik. Applicant has also to change bus to reach Nashik District Court. To reach the Court, the Applicant will have to start at about 4 o’clock in the early morning from her residence and will be reaching back late in the night. Otherwise she has to stay in a lodge or hotel at Nashik. This cause untold miseries and hardship to the Applicant in addition to huge financial expenses. Being unemployed, the Applicant is not in a position to afford this financial burden and also she is mentally and physically not in a position to travel such a long distance or to stay in a hotel/lodge. When there is a threat to her life traveling such a long distance in the e4arly morning and at night or staying in a lodge or hotel is not safe. 14. Applicant’s mother has undergone a major abdomen operation in October 2008 and a Knee Surgery in October 2006. She is bed- ridden and unable to move around. The Applicant is looking after her mother and as such she is not in a position to go to Nashik leaving her mother at Pune. Copy of the Medical Certificates pertaining to the above said operations is annexed hereto as Exhibit D. In view of the facts and circumstances explained herein above, it is necessary, in the interest of justice, to transfer the Special Marriage Petition No.11 of 2008 from Nashik District Court to Pune District Court. It is also necessary to avoid conflicting judgments or orders in the two proceedings. ash 3 mca-70.09 4. The Respondent has dealt with the said averments in Paragraphs 7 and 8 of the reply which contain mere denials. 5. As the petition filed by the Applicant is pending in the District Court at Pune, the Respondent husband will have to attend the District Court at Pune. Therefore, it will be in the interests of both the parties that the Petitions are heard by the one and the same Court. Apart from this, in view of what is stated in Paragraphs 13 and 14, a case is made out for passing an order of transfer. 6. Accordingly, the prayer clause (a) of this application is allowed. Learned Principal District Judge shall ensure that the Petition filed by the Applicant and the Petition filed by the Respondent are assigned to one and the same Court. ( A.S. OKA, J )