1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC CIVIL APPLICATION NO. 974/2010 (Sau. Sulochana Vivek Soni and one another - Vs. - Vivek Jagdish Soni ) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri V.B.Bhise, counsel for applicants Shri M.V. Kalantri, counsel for respondent ... CORAM : R. K.DESHPANDE, J. DATED : 15th NOVEMBER, 2010. 1] By this application under Section 24 of the Code of Civil Procedure, the applicant seeks transfer of Hindu Marriage Petition No. 655/2008 filed by the respondent/husband, which is pending in the Court of Civil Judge, Senior Division, Nashik. The transfer is sought to the Court of Civil Judge, Senior Division, Akola. The learned counsel for the parties inform that the respondent-husband has already filed his affidavit in lieu of evidence and the matter is fixed for cross examination of the respondent-husband. 2] The marriage between the parties was 2 solemnized on 3.3.2006 at Akola. The parties last resided together at Nashik till November, 2007 when the applicant left the matrimonial house along with the child Ku.Sanvi. The applicant is residing along with the child at Akola along with her parents. The respondent husband has filed H.M.P. No. 655/2008, in the Court of Civil Judge, Senior Division, Nashik, under Section 13(1) (I-a) and 13 (I-b) of the Hindu Marriage Act, on 28.10.2008. The learned counsel for the parties informed that the amount of monthly maintenance of Rs.1200/- has been awarded by the Court at Akola in favour of the applicant. The learned counsel for the respondent husband further informs that an expenses of Rs.400/- towards travelling expenses from Akola to Nashik have also been awarded to the applicant by the Court at Nashik and Rs. 2500/- for costs of litigation. 3] Shri Kalantri, the learned counsel appearing for the respondent-husband submits that there is no reason for transfer of the proceedings from Nashik to Akola. The matter is at the stage of evidence. The husband has filed his affidavit and it is for his cross examination. He further submits that the Court at 3 Nashik has also awarded the expenses for travelling of the applicant on each date whenever she attends the Court. 4] Adverting to this, the learned counsel for the applicant submits that the applicant no. 2 (daughter) Ku. Sanvi is aged about 3 years and she is not keeping well. The applicant no.1 is required to look after her. The learned counsel for the applicants further submits that in case the proceedings are transferred to Akola, there would be no question of applicants getting an amount of Rs.400/- towards expenses for travelling. He submits that convenience of wife is to be looked at. For this purpose, he relies upon the decision of this Court reported at 2009 (1) Mh.L.J. 303 [Sangamitra w/o Ramakant Royalwar vrs. Ramakant S/o Gangaram Royalwar. The learned counsel appearing for the respondent/husband on the other hand submits that if the direction is issued to the Court at Nashik to expeditiously decide the matter, that would avoid the repeated attendance of the petitioner at Nashik. 5] The decision referred to in a cited judgment takes a view of the convenience of the wife is to be looked 4 at. Para 17 and 18 of the said judgment, dealing with jurisdiction of this Bench to transfer matter from Nashik which is within the territorial jurisdiction of principle bench at Mumbai to Akola which is within jurisdiction of this Bench, are reproduced below. “17. In these cases wives are residing within territories of judicial districts assigned to this Bench and their proved situation in life constrains them to apply for transfer of matrimonial proceedings filed against them by their respective husbands. Their plight and sufferings are germane and hence, their ordinary residence with parents gives them a cause and reason to seek the order of transfers from this Bench. It forms a part of cause of action to seek such relief. In the circumstances, I find that the present Misc. Civil Applications also arise in judicial districts specified in Rule 1 of Chapter XXXI of the Bombay High Court Appellate Side Rules, 1960 and hence this Bench has got jurisdiction and competence to take cognizance thereof. One more facet of the matter needs to be looked into. The same type of argument can be advanced by any side by pointing out that the High Court Bench relevant for judicial district in terms of chapter XXXI of Appellate Side Rules and in which the non- applicant husbands want proceedings to be continued, cannot direct the subordinate Courts located in judicial districts outside their specified area to take cognizance of matrimonial proceeding transferred to them by it. Thus the 5 objection of the non applicants are therefore totally misconceived. 18. The facts leading to request for transfer are already stated above, I find those facts sufficient to hold that the applications arise in judicial districts mentioned in Rule 1 of Chapter XXXI of the Appellate Side Rules and to order the transfer. Accordingly all the 3 Misc. Civil Applications are allowed. The request for transfer of respective proceedings therein, are granted and the matters are transferred to the Courts as prayed for. However, in the circumstances of the case, there shall be no order as to costs.” 6] The wife is residing at her parents house at Akola since November 2007. The minor child is with her. The address of the applicants is shown in the petition for divorce at Akola. In view of this, the interest of justice would be met by transferring the proceedings to Akola. 7] In the result, the present application is allowed. The Hindu Marriage Petition No. 655/2008 pending in the Court of Civil Judge, Senior Division, Nashik, is transferred to the Court of Civil Judge, Senior Division, Akola. The Court at Akola is directed to dispose of the matter as expeditiously as possible upon receipt of the 6 same, keeping in view the provision of Section 24(2) of the Code of Civil Procedure. Application allowed in aforesaid terms. No order as to costs. JUDGE Rvjalit