1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISCELLANEOUS CIVIL APPLICATION NO. 1199 OF 2008 (Sau. Seema Rajkumar Jaiswal .v. Rajkumar Vishwanath Jaiswal) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri I.S. Charlewar, Advocate for the applicant. Shri A.G. Agrawal, Advocate for the respondent. CORAM : SMT. VASANTI A. NAIK, J. 16TH FEBRUARY, 2009. Heard the learned Counsel for the parties. By this application, the applicant seeks the transfer of Hindu Marriage Petition No. A-472/2006 on the file of Family Court, Nagpur to the Court of Civil Judge, Senior Division, Gondia. The applicant and the non-applicant were married on 19.02.2000 at Gondia according to the Hindu rites and customs. After the marriage, the applicant started residing with the non-applicant at Nagpur. A son was born from the wedlock on 14.03.2001. It is the case of the applicant that at the initial stage, after the marriage, the non-applicant and his parents treated the applicant well but thereafter they started behaving indifferently with the applicant. It is the case of the applicant that the parties started residing separately after Diwali, 2005. The attempt to reconcile the matter 2 between the parties failed. It is the case of the applicant that it is very difficult for the applicant to attend the Family Court at Nagpur along with her child. It is the case of the applicant that in such circumstances and in the interest of justice, the HMP No. A-472/2006 filed by the non- applicant for grant of decree of divorce may be transferred to the Court of Civil Judge, Senior Division, Gondia. The non-applicant filed the submissions and stated therein that the non-applicant is not of sound mind and is totally dependent on his parents. It is also stated in the submission that the non-applicant is required to take medical treatment from Psychiatrists Dr. Sudhir Bhave and Dr. Vivek Kirpekar, continuously. The documents showing that medical treatment was taken by the non-applicant from two Psychiatrists are also annexed to the submissions. It is stated in the reply that the non-applicant cannot be in a position to visit Gondia without the help of his parents in view of his mental health. It is also stated in the submissions that the non-applicant is ready to pay the expenses to the applicant for travelling to Nagpur for defending the case. The non-applicant has sought for the dismissal of the Miscellaneous Civil Application. 3 I have considered the submissions made on behalf of the parties. In normal circumstances, it would have been necessary to transfer the Hindu Marriage Petition filed by the non-applicant/husband to the Court of Civil Judge, Senior Division, Gondia as the applicant has a minor son who is merely seven to eight years of age. However, considering the fact that the non- applicant is not mentally fit and suffers from mental ailment and is required to take medical treatment from two Psychiatrists at Nagpur, it would not be just and proper and in the interest of justice to transfer the matter from the Family Court at Nagpur to the Court at Gondia. The fact about the existence of the mental sickness or ailment has been stated by the non-applicant in the Hindu Marriage Petition filed by him for grant of divorce. Though it is denied by the wife in the written statement that the non-applicant was suffering from mental illness, she has categorically submitted in the specific pleadings that the non-applicant was taking medicines from Dr. Vivek Kirpekar and Dr. Sudhir Bhave. Thus, it is also apparent from the written statement filed by the applicant that the non-applicant is taking treatment from the reputed Psychiatrists at Nagpur and in these circumstances, it would not be in the interest of justice to transfer the matter from the 4 Family Court at Nagpur to the Court of Civil Judge, Senior Division, Gondia, specially when it is admitted that the non-applicant is taking medical treatment from the two Psychiatrists. In the result, the Miscellaneous Civil application is dismissed with no order as to costs. JUDGE *rrg.