1 Misc. Civil Application No.11/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.11 OF 2011 Sau. Ashwini Laxmikant Bidwai ... PETITIONER VERSUS Shri Laxmikant Prabhakar Bidwai ... RESPONDENT ..... Shri Vivek Bhavthankar, Advocate for petitioner Mrs. M.R. Jamdhade, Advocate for respondent ..... CORAM : S.S. SHINDE, J. DATED : 11th July, 2011. PER COURT : 1. This application is filed by the petitioner seeking transfer of H.M.P. No.B-5/2010, filed by the respondent in Family Court, Aurangabad for anulment of marriage, to the Court of Civil Judge, Senior Division, Biloli, District Nanded. 2. The learned counsel for the petitioner submits that, Aurangabad is more than 300 Kms. away from Degloor and there is no financial source to the petitioner/ wife to travel from Degloor to Aurangabad to attend the proceedings which are pending before the Family Court at Aurangabad. The learned counsel further 2 Misc. Civil Application No.11/2011 placed reliance on the pleadings in the petition and submitted that this application be allowed. 3. On the other hand, learned counsel for the respondent submitted that, both the parties lastly resided at Aurangabad, therefore, this Court may not transfer the proceedings from Aurangabad to Biloli as prayed by the petitioner. It is further submitted that the brother of the petitioner came to the house of the respondent and petitioner was taken by her brother from the custody of the respondent. There were threatening calls from the middle-man that in case the respondent is not agreeable to offer good treatment to the petitioner and take her to matrimonial house, he will have to suffer the consequences. Therefore, according to the counsel for respondent, threatening calls are receiving from the relatives of the petitioner. Therefore, it will not be safe for the respondent to travel to Biloli in case the proceedings are transferred. It is further submitted that, the father of petitioner is suffering from paralysis, therefore, attention of the respondent to his father is necessary. Therefore, this Court may not transfer the proceedings from the Family Court, Aurangabad to the Court of Civil Judge, Senior Division, Biloli. In the alternative, the respondent submits that, if this Court is not convinced with the submissions of the respondent, and in case this Court comes to the 3 Misc. Civil Application No.11/2011 conclusion to allow this application, the proceedings may be transferred to the Court of Civil Judge, Senior Division, Nanded and the respondent has no objection for such transfer. 4. Upon hearing the respective counsel for the parties, I am of the opinion that, ends of justice would be met if the proceedings in H.M.P. No.B-5/2010, pending before the Family Court, Aurangabad are transferred to the Court of Civil Judge, Senior Division, Nanded. The Supreme Court, in the case of Sumita Singh Vs. Kumar Sanjay & anr. (AIR 2002 SC 396), has held that in the proceedings filed by the husband, convenience of the wife should be looked into. Apart from that, the petitioner has made out a case that she has no financial source for travelling from Degloor to Aurangabad, which is more than 300 Kms. In that view of the matter, I am inclined to allow this application. However, the contention of the respondent that the proceedings be transferred to the Court of Civil Judge, Senior Division at Nanded is reasonable. In that view of the matter, the proceedings in H.M.P. No.B-5/2010, filed by the respondent, pending before the Family Court, Aurangabad for anulment of marriage be transferred to the Court of Civil Judge, Senior Division, Nanded. The Family Court, Aurangabad to take steps to transfer the said proceedings to the Court of Civil Judge, Senior Division, Nanded within eight days 4 Misc. Civil Application No.11/2011 from the date of receipt of the order passed by this Court. Misc. Civil Application is allowed to the extent as above. 5. Since the respondent will have to travel to Nanded to prosecute his matter, it is desirable that the Civil Judge, Senior Division, Nanded to hear and dispose of the proceedings as expeditiously as possible, within one year from the receipt of proceedings from the Family Court, Aurangabad. ( S.S. SHINDE, J. ) fmp/mca11.11