1mca-53-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION No.53/2009 Mrs Aarti Amol Padhye ..Applicant. vs. Mr Amol Ashok Padhye ..Respondent. Mr Mandar Limaye, Advocate for the Applicant. Mr Giriraj Kshirsagar i/b Mr S.K. Shinde, Advocate for the Respondent. CORAM: A.R.JOSHI,J DATED: 12th MARCH,2010 P.C.:- 1. Heard the learned Advocate for the applicant-wife. Perused the contents of present application for transfer of divorce petition filed by the respondent against the present applicant from C.J.S.D. Nashik to C.J.S.D. Kalyan, District Thane. Also perused affidavit in reply filed by the present respondent-husband which is dated 23.6.2009. 2. Though, today the respondent and his Advocate are 2mca-53-09 not present, considering the prayers for transfer of the marriage petition, it is decided to take up the present Misc.Civil Application for final hearing and orders, as the issue involved is very limited only to the extent as to which Court should try and dispose of the divorce petition filed by the present respondent-husband. 3. The marriage between the applicant and the respondent was solemnized as per the Hindu Vedic rites on 29.12.2006. Thereafter, in January, 2008 wife was taken to her parents home at Kalyan for her first delivery. She delivered a female child. Since after the delivery, apparently, she was not taken back to her matrimonial home by the husband. This led to filing of the proceeding under Section 125 of the Cr.P.C.,against the husband. The said petition is still pending. Wife also filed petition for taking action against the husband as per the provisions of Sections 18,19 and 20 of the Domestic Violence Act, 2005. It was filed before the Judicial Magistrate, First Class, Kalyan in February, 2009. The said petition is also pending. It appears that as a counter blast to the proceedings taken against the husband, he filed a petition for divorce under the provisions of Section 13 (1) of the Hindu Marriage Act, 1955 bearing H.M.P. No.66/2009. Grounds of desertion, mental and physical cruelty were alleged against the wife. The divorce petition 3mca-53-09 is pending before the C.J.S.D., Nashik since March,2009. 3. In view of the above factual position, what transpires is pendency of two proceedings filed by the wife, present applicant, before Kalyan Courts and one proceeding of divorce filed by the husband before the Nashik Court. 4. The present application is preferred by the applicant wife for transfer of divorce petition filed by the husband from C.J.S.D.Nashik to C.J.S.D.Kalyan, District Thane, as per the provisions of Section 24 of the C.P.C. after considering the arguments advanced on behalf of the applicant wife and after going through the objections raised in the affidavit in reply, prima facie it appears that the applicant wife is unemployed and having young female child of about one year and is required to attend the Court at Nashik to answer the divorce petition filed by her husband. As against this, apparently, husband  present respondent, is a business man and is required to attend Kalyan Courts to answer the proceedings under Section 125 of Cr.P.C. and also under the Domestic Violence Act. Considering the import of over all situation and considering the provisions of Section 24 of the C.P.C.,it would be in the fitness of the situation to pass the following order allowing the present petition. Hence, the order. 4mca-53-09 ORDER: 1. Misc.Civil Application No.53/2009 is allowed. H.M.P. No.66/2009 filed by the present respondent-husband before C.J.S.D.,Nashik is transferred to C.J.S.D.,Kalyan, District Thane for disposal according to law from the stage at which the said divorce petition is pending at Nashik Court. 2. After receipt of R and P of the said divorce petition by C.J.S.D.,Kalyan District Thane the concerned Court should issue a notice to the husband then the petitioner in the divorce petition for his appearance and for further conducting the matter in accordance with law. 3. No order as to costs. (JUSTICE A.R.JOSHI)