1 MCA31.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 31 OF 2011 Savita w/o Shantaram Shelar, Age: 24 years, Occ: Household, R/o. C/o. Santosh Sadashiv Patil, At.Post.Takali, Tq. Kopargaon, District Ahmednagar. ...APPLICANT VERSUS Shantaram s/o Kacharu Shelar, Age: 29 years, Occ: Service, R/o. Nimgaon Post Vadali, Tq. Sinner Dist. Nashik. ...RESPONDENT ... Mr. S.S. Chapalgaonkar, Advocate for applicant. Mr. A.D. Shinde, Advocate for respondent sole. ... CORAM: S.S. SHINDE, J. DATE : 27TH SEPTEMBER, 2011 ORAL JUDGMENT : . Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the parties, the matter is taken up for final hearing. 2. By way of this Misc. Civil Application, 2 MCA31.11 the applicant seeks transfer of Hindu Marriage Petition No.776 of 2009 pending in the Court of the Civil Judge, Senior Division, Nashik to the Court of the Civil Judge, Senior Division, Kopargaon, District Ahmednagar. 3. Learned Counsel appearing for the applicant submits that, there is no financial source for the applicant to travel from Kopargaon to Nashik. It is further submitted that, the distance from Kopargaon to Nashik is 125 Kms. Learned Counsel further submits that, in the proceedings filed by the husband, convenience of the wife should be looked into. It is difficult for the applicant to travel from Kopargaon to Nashik. Therefore, relying on the grounds taken in the application and annexures thereto, learned Counsel for the applicant would submit that, this application deserves to be allowed. 4. On the other hand, learned Counsel appearing for the respondent submits that, the 3 MCA31.11 respondent is serving in Army Air Defence in the State of Punjab and Haryana. Nashik is convenient for him. Learned Counsel relied upon the judgment of the Hon'ble Supreme Court in the case of Kalpana Deviprakash Thakur vs. Deviprakash Thakur reported in 1996 (11) SCC 96 and submitted that, the convenience of the husband is considered by the Hon'ble Supreme Court and therefore, this Court may not allow this application. He further submits that, the distance between Kopargaon to Nashik is 80 Kms., and therefore, the contention of the Counsel for applicant that the distance between Kopargaon to Nashik is 80 Kms., is not a correct position. 5. I have given due consideration to the rival submissions. I have carefully perused the contents of the application, grounds taken therein, annexures thereto and reply filed by the respondent. 6. The Hon'ble Supreme Court held that, in a 4 MCA31.11 proceedings filed by the husband, convenience of the wife in such a proceedings should be looked into. Apart from the judgment of the Apex Court, in the facts of this case, case is made out by the applicant that she has no financial source to travel from Kopargaon to Nashik and it is inconvenient for her to travel from Kopargaon to Nashik. The respondent-husband is also not serving at Nashik and he is serving in Army Air Defence in the State of Punjab and Haryana. 7. Therefore, in view of the facts involved in this case, the applicant has made out a case to allow this application. 8. Hindu Marriage Petition No.776 of 2009 pending in the Court of the Civil Judge, Senior Division, Nashik stands transferred to the Court of the Civil Judge, Senior Division, Kopargaon, District Ahmednagar. The concerned Court to take immediate steps to transfer the said proceedings alongwith all documents to the Court of the Civil 5 MCA31.11 Judge, Senior Division, Kopargaon District Ahmednagar within one week from the receipt of the order of this Court. 9. Misc. Civil Application is allowed to the above extent and stands disposed of. Rule made absolute on the above terms. sd/- [S.S. SHINDE, J.] sut/SEP11