1 mca128.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Misc. Civil Application No. 128 of 2010 Shahin Sadaf w/o. Zulfikar Ahmd. Shaikh ....Applicant v/s. Zulfikar Ahmd. Gulamnabi Shaikh ....Respondent Mr. S.R. Pawar for the applicant. CORAM: R.M. BORDE, J. 8th December, 2011 PC: Rule. None appears for respondents. The applicant is praying for transfer of proceedings of RCS No. 71/2010 presented by the respondent-husband against the applicant-wife in the Court of Civil Judge, Junior Division, Chalisgaon. The respondent-husband has presented the aforesaid suit claiming restitution of conjugal rights. The applicant-wife contends that she is driven out of residence by the respondent- husband and since then she is staying with her parents at Thane. The applicant- wife is not employed and lives at the mercy of her parents. She is staying at Thane alongwith her two kids aged 6 years and 2 years respectively. It is thus contended by the applicant-wife that she does not possess financial resources to prosecute litigations presented by the respondent-husband at Chalisgaon. Moreover, it would be difficult for her to attend the dates prescribed by Court at Chalisgaon because of the difficulties explained by her in the application. 2. In spite of service of notice respondent has failed to appear. The contentions raised by the applicant in the application are not controverted. 2 mca128.10.sxw Even otherwise also the proceedings presented against the applicant-wife shall be transferred to a place where she resides and in the peculiar facts and circumstances of this case it would be desirable to transfer the proceedings of RCS No. 71/2010 presented at Civil Judge Senior Division, Chalisgaon to Family Court, Thane for disposal in accordance with law. 3. The Application is thus allowed. The proceedings of RCS No. 71/2010 presented in the Court of Civil Judge, Senior Division, Chalisgaon shall be transferred for disposal in accordance with law to the Court of Family Court, Thane. In the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE, J)