1 93.11-mca IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. MISC. CIVIL APPLICATION NO. 93 OF 2011 Sonali Shreyans Kothadiya. ... Applicant. V/s. Shreyans Ashok Kothadiya. ... Respondent. I.M.Vora i/b. Mahesh B. Pahane for the applicant. Respondent in person. CORAM: R.M.BORDE, J. DATED : 5th October 2011. P.C. : This misc. civil application is filed by the applicant- wife seeking transfer of Hindu Marriage Petition No.308/2008 presented by the respondent- husband in the Court of Civil Judge, Senior Division, Pune to the Court of Civil Judge, Senior Division, Kalyan. It is the contention of the applicant- wife that she is staying away from the husband along with her two kids who are studying in fourth standard. She is staying at Dombivli along with her brother. It is the contention of the wife that she is unemployed and that she along with her kids is dependent on her brother. The applicant- wife had presented petition seeking divorce in the Court of Civil Judge, Senior Division, Kalyan. However, the same came to be dismissed. The appeal is preferred against the order of dismissal in this Court and the same is pending. It is also contended that the application was tendered for grant of maintenance allowance against the respondent- husband which came 2 93.11-mca to be allowed on 17th March 2010 and respondent- husband is directed to pay maintenance allowance of Rs.3,500/- per month to applicant wife and her kids. However, the husband, since the date of passing of the order i.e. for more than four years, has not paid a single pie towards maintenance. In these circumstances, it is the contention of the wife that she is unable to prosecute the litigation presented at Pune and the same be transferred to Kalyan. 2. The respondent- husband appears in person and contends that he has no source of income as he has already indebted certain banks, and, as such, he is not in a position to pay maintenance to the wife. It is the duty of the husband to maintain his wife. In the instant case, in spite of passing of the order in respect of payment of maintenance amount, the respondent- husband has not paid anything to the wife. The fact that the applicant- wife along with her kinds is dependent upon her brother for livelihood is also required to be taken in to consideration. This is a fit case for grant of request of the applicant to transfer the matter from Pune to Kalyan. 3. Misc.civil application is allowed. The Hindu Marriage Petition No.308/2008 presented by the respondent- husband in the Court of Civil Judge, Senior Division, Pune be transferred to the court of Civil Judge, Senior Division, Kalyan for hearing and disposal. In the facts and circumstances of the case, there shall be no order as to costs. (R.M.BORDE, J.)