FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC. CIVIL APPLICATION NO. 665/2009 Mrs. Lata Umesh Tagde versus Mr. Umesh Punaji Tagde ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : S.R. DONGAONKAR J. DATED : 27 th AUGUST, 2009. Heard Miss. Tajwar Khan, Advocate, for the applicant and Shri Ranjit Sarda, Advocate, for respondent. This is an application under Section 24 of the C.P.C. for transfer of the matter i.e. Petition No. A-827/2008, pending in the Family Court, Nagpur, to Civil Court, at Wardha. The subject matter of the said petition is the restitution of conjugal rights. Petitioner has also filed proceedings under Protection of Women from Domestic Violence Act, before the Court at Samudrapur, Distt. Wardha. She has given reasons as to why the matter pending in the Family Court, Nagpur, should be transferred to the said Civil Court at Samudrapur, Distt. Wardha. Learned counsel for the respondent has submitted that the husband/respondent is ready to cohabit with the petitioner. He has also pointed out that the proceedings filed by him are for restitution of conjugal rights and there is possibility of settlement. He has further contended that as the facility of conciliation is available in the Family Court, which is not available in the Civil Courts, particularly when the Court is at Wardha, it is desirable not to transfer the case pending before the Family Court, Nagpur, to the Court at Wardha. It is also brought to the notice of this court by the learned counsel for the respondent that the place of residence of the petitioner is at the similar distance from Wardha where the matter can be transferred and also the Family Court at Nagpur. Considering the totality of the circumstances, I am of the opinion that instead of deciding this application on merits, it would be desirable to allow the parties to be present for conciliation before the Family Court, Nagpur, to which the respondent consents, so also the petitioner. It is informed that the stage of conciliation in the proceeding before the Family Court is over and the matter is now fixed for exparte disposal. May that as it is, it is directed that the Family Court shall see, if there is any possibility of conciliation between the parties. Hence, both parties are directed to appear before the Family Court, Nagpur, in the Petition No. A-827/08 on 14th September, 2009. The respondent is directed to deposit an amount of Rs.400/- in the Family Court, Nagpur, for expenses of petitioner for attending the conciliation proceedings in Family Court, Nagpur, under intimation to the applicant. This application is disposed of in above terms, however, with the liberty to the applicant to move afresh, if the circumstances so require later on. JUDGE Rvjalit