1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.; 182 OF 2009 Mrs. Archana Santosh Kumar Bang ... Applicant Versus Mr. Santoshkumar Jagdambaprasad Bang ... Respondent Mr A.A.Garge,Advocate, for the applicant. Ms. Deepa S. Matwankar, i/b. Vinod Joshi, Advocates, for the respondent. CORAM: J.H.BHATIA, J. DATE : 8th April, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The respondent-husband filed H.M.P.No.128 of 2008 in the Court of Civil Judge, Senior Division, Nanded, against the present applicant-wife for decree of nullity of marriage and in the alternative for divorce on the ground of cruelty and desertion. The husband is residing at Nanded, while the wife is living with her parents at Dombivali in District Thane. The wife has moved this application for transfer of the Marriage Petition to the Civil Judge, Senior Division, Kalyan as Nanded is far off from Dombivli and it is very inconvenient 2 for her to travel from Dombivli to Nanded. She has no other relative at Nanded. She resided there hardly for 11 months. 3. The learned Counsel for the respondent-husband contends that the Civil Judge, Senior Division, Nanded, has already passed an order granting travelling expenses to her. If the matter stands transferred to Kalyan, naturally, that order will not remain in force. She also contends that the husband has challenge the order of maintenance before the Aurangabad Bench of the High Court. That also does not make any difference. As per the provisions of Section 19 of the Hindu Marriage Act, the Marriage Petition may be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the parties to the marriage last resided together or the respondent resides. The marriage was solemnized at Nanded and they had last resided together at Nanded. Admittedly, the wife, who is the respondent in the marriage petition, resides at Dombivli within the jurisdiction of the Civil Judge, Senior Division Court at Kalyan. Therefore, the Courts of Civil Judge, Senior Division at Nanded and at Kalyan will have jurisdiction to entertain the petition. However, taking into consideration the inconvenience which would be caused to the young lady in travelling the distance of about 600 kms., in my considered opinion, it will be in the interest of justice to transfer the Marriage 3 Petition from Nanded to Kalyan. 4. For the aforesaid reasons, the application is allowed. H.M.P. No.128 of 2008 is hereby withdrawn from the file of the Civil Judge, Senior Division, Nanded and stands transferred to the file of Civil Judge, Senior Division. at Kalyan. The order passed by the learned Civil Judge, S.D. Nanded granting expenses for travelling to the wife shall stand revoked. Application stands disposed of accordingly. (J.H.BHATIA,J.)