: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.124 OF 2008 Raghavendra S. Ghorpade ... Applicant V/s. Smita Raghavendra Ghorpade ... Respondent Ms.Seema Sarnaik for Applicant Mr.Dilip Bodake for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 4, 2010 P.C.: 1. The miscellaneous civil application has been preferred by the applicant for transferring the proceedings which are pending before the Civil Judge, Senior Division, Karad to the Family Court, Pune. It is submitted in the application that the applicant and the respondent were married on 23.11.2005. The respondent left the matrimonial home which was in Bangalore and returned to her parents in Karad in July 2006. It appears that she went back to Bangalore to live with the applicant. However, it appears that after the applicant was transferred to Pune in December 2006, the applicant and the respondent are living separately. 2. The contention of the applicant is that he is working in a private organisation and he is posted in Nanded. The applicant has stated in his application that the : 2 : respondent was studying in Pune before they were married. He has also stated that she worked in Gupte Hospital in Pune and that she has spent a major part of her life in Pune. The applicant has also contended that the respondent had sought admission for the M.Sc. Course and was prosecuting her studies in Pune. The applicant has therefore contended that the divorce petition filed by the respondent before the Civil Judge, Senior Division, Karad should be transferred to Pune. He has also mentioned that he has filed proceedings u/s 9 of the Hindu Marriage Act for restitution of conjugal rights which is pending before the Family Court, Pune. The main reason mentioned by the applicant for seeking a transfer is that he finds it difficult to obtain leave on each date of hearing in Karad. 3. A reply has been filed by the respondent contending that she has completed her M.Sc and is now living in Karad with her parents. According to her, she completed her M.Sc. externally and attended a college in Pune only for practicals. She has however, not denied that she was working in Pune prior to the marriage. She has then stated that the distance between Karad and Pune being 180 kms it would be difficult for her to travel to Pune. Apart from this, she has stated that her father is working in the Irrigation department of the Government at Karavadi near Karad and therefore it would not be possible for her to attend the matter in Pune without an escort. 4. Several affidavits have been filed by the parties. In an affidavit filed by the applicant, he has stated that in any event, the respondent would have to attend two cases in Pune i.e. the prosecution case instituted at her behest u/s 498A of the Indian Penal Code and the proceedings before the Family Court. The applicant has also : 3 : stated that on each day that the matter proceeds in Karad, he has to take leave for a day from his job. He has contended that taking leave time and again would affect his job security. According to him, if the matter is transferred to Pune he would have to take leave only for half a day, at best. The applicant contends that although he is deputed to Nanded at present, he would certainly be returning to Pune. 5. Having given my thoughtful consideration to the facts of the present case, in my opinion, the applicant has made out a case of transfer. The respondent is not a woman who is uneducated or is unable to travel on her own. In fact, she has been residing in Pune for a long period of time even prior to her marriage with the Applicant. She has completed her M.Sc and therefore cannot be considered to be a helpless woman who needs to be escorted to Pune. In my view, therefore, the application must be allowed. However, the applicant will pay the respondent Rs. 500/- for each day of hearing in order to ensure that she is able to travel to Pune. 6. Accordingly, the Miscellaneous Civil Application is allowed and stands disposed of.