: 1 : Vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.82 OF 2009 Smt.Farheen w/o. Ziyauddin Shaikh ... Applicant V/s. Ziyaudduin s/o. Ahmed Shaikh ... Respondent Mr.N.C. Walimbe for Applicant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 13, 2009 P.C.: 1. The applicant has filed the present application for transfer of the proceedings which are pending before the Family Court, Bandra in respect of restitution of conjugal rights from that Court to Family Court at Pune. 2. The applicant and the respondent were married on 23.1.2000 in Pune. It appears that they have two children who are presently with the applicant in Pune. The respondent resides in Mumbai and has filed an application for restitution of conjugal rights being Petition No.A-1519 of 2008 in the Family Court at Bandra. 3. The applicant has contended in the Miscellaneous Application that it is difficult for her to attend the Court in Mumbai especially since she has to arrange for : 2 : somebody to look after her children who are aged 5 and 7 years while she is away attending the Court in Mumbai. She has also stated that since she is not conversant with the topography of Mumbai she would have to be accompanied by some other person each time she attends the Court in Mumbai. She has further contended that this would not be practical nor economical for her as she resides with her parents. 4. The applicant has also filed an application u/s 125 of the Cr.P.C. In the appellate Court for maintainance. Besides this, she has filed a divorce petition before the Family Court, Pune both of which are pending. 5. The respondent though served is not present in Court. The matter has been adjourned only to enable him to remain present in Court. However, nobody represents him in Court today. 6. In my view, the applicant has made out sufficient cause for transferring the proceedings pending in the Family Court, Bandra to the Family Court at Pune. The fact that the applicant would have to travel accompanied by some other person to Mumbai from Pune has not been controverted. Neither has the fact that the applicant has two school going children who need to be taken care of each time she would be required to attend the Family Court in Mumbai been opposed. Besides, since two proceedings are already pending before the Family Court, Pune between the same parties, it would be appropriate to transfer the proceedings i.e. Petition NO.A-151/2008 pending before the Family Court at Bandra, Mumbai to the Family Court at Pune. 7. Accordingly, the application is allowed in terms of prayer clause (b).