1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION MISC.CIVIL MISC.CIVIL MISC.CIVIL APPLICATION APPLICATION APPLICATION NO.65 NO. 2006 NO.65 NO. 2006 NO.65 NO. 2006 Mrs.Vijayshree Mrs.Vijayshree Mrs.Vijayshree Rishiu Didwania Rishiu Didwania Rishiu Didwania ...... Applicant Applicant Applicant vs vs vs Rishi Rishi Rishi Omprakash Didwania .. Omprakash Didwania .. Omprakash Didwania .. Respondent Respondent Respondent with with with MISCELLANEOUS APPLICATION NO.48 OF 2007 MISCELLANEOUS APPLICATION NO.48 OF 2007 MISCELLANEOUS APPLICATION NO.48 OF 2007 Rishi Rishi Rishi Omprakash Didwania .. Omprakash Didwania .. Omprakash Didwania .. Applicant Applicant Applicant vs vs vs Smt Smt Smt Vijayshree Vijayshree Vijayshree Rishi Didwania .. Respondent Rishi Didwania .. Respondent Rishi Didwania .. Respondent Mr.S.P.Kadam Mr.S.P.Kadam Mr.S.P.Kadam for for for Applicant Applicant Applicant Mr.S.N.Vaishnava Mr.S.N.Vaishnava Mr.S.N.Vaishnava i.b i.b i.b M/s N.N.Vaishnava & Co M/s N.N.Vaishnava & Co M/s N.N.Vaishnava & Co for for for Respondent Respondent Respondent CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : : : 17th August, 2007 17th August, 2007 17th August, 2007 P.C. P.C. P.C. 1.1.1. This is an application for transfer of the This is an application for transfer of the This is an application for transfer of the petition petition petition for divorce filed by the for divorce filed by the for divorce filed by the respondent-husband respondent-husband respondent-husband from the Family Court at Mumbai from the Family Court at Mumbai from the Family Court at Mumbai toto to the Court at Amravati where the applicant has the Court at Amravati where the applicant has the Court at Amravati where the applicant has filed filed filed a petition for restitution of conjugal a petition for restitution of conjugal a petition for restitution of conjugal rights rights rights. The petition at Mumbai has been filed on petition at Mumbai has been filed on petition at Mumbai has been filed on 4th 4th 4th March, 2006 and at Aamravati by the wife for March, 2006 and at Aamravati by the wife for March, 2006 and at Aamravati by the wife for restitution restitution restitution on 4th May, 2006. on 4th May, 2006. on 4th May, 2006. 2.2.2. The parties got married in Amravati sometime in The parties got married in Amravati sometime in The parties got married in Amravati sometime in the the the year 2004 and started residing together in year 2004 and started residing together in year 2004 and started residing together in Mumbai. Mumbai. Mumbai. According to the learned counsel for the According to the learned counsel for the According to the learned counsel for the respondent, respondent, respondent, the applicant-wife was residing at the applicant-wife was residing at the applicant-wife was residing at Mumbai Mumbai Mumbai even even even prior to her marriage. Being unable to prior to her marriage. Being unable to prior to her marriage. Being unable to carry carry carry on their life together, the respondent filed on their life together, the respondent filed on their life together, the respondent filed a petition petition petition for divorce in Family Court at Mumbai on for divorce in Family Court at Mumbai on for divorce in Family Court at Mumbai on 2 4th 4th 4th March, 2006 when the parties were living March, 2006 when the parties were living March, 2006 when the parties were living together together together in in in Mumbai. Apparently, the applicant then Mumbai. Apparently, the applicant then Mumbai. Apparently, the applicant then filed filed filed a a a petition for restitution of conjugal rights petition for restitution of conjugal rights petition for restitution of conjugal rights inin in the Court at Amravati which is about 700 kms the Court at Amravati which is about 700 kms the Court at Amravati which is about 700 kms away. away. away. She has now applied for transfer of the She has now applied for transfer of the She has now applied for transfer of the divorce divorce divorce petition to Amravati. Mr.Kadam, learned petition to Amravati. Mr.Kadam, learned petition to Amravati. Mr.Kadam, learned counsel counsel counsel for the applicant emphasised that the for the applicant emphasised that the for the applicant emphasised that the applicant applicant applicant is a lady and it is therefore necessary is a lady and it is therefore necessary is a lady and it is therefore necessary inin in the interest of justice to make an order of the interest of justice to make an order of the interest of justice to make an order of transfer transfer transfer of of of the petition to Amravati. According to the petition to Amravati. According to the petition to Amravati. According to the the the learned counsel, the applicant is residing in learned counsel, the applicant is residing in learned counsel, the applicant is residing in Amravati Amravati Amravati with her father and cannot cannot attend with her father and cannot cannot attend with her father and cannot cannot attend the the the Family Court at Mumbai. Family Court at Mumbai. Family Court at Mumbai. 3.3.3. It however, appears from the contention of the It however, appears from the contention of the It however, appears from the contention of the learned learned learned counsel counsel counsel for the respondent-husband that the for the respondent-husband that the for the respondent-husband that the applicant applicant applicant is is is quite familiar with Mumbai city having quite familiar with Mumbai city having quite familiar with Mumbai city having been been been residing here for a long time. In fact, from residing here for a long time. In fact, from residing here for a long time. In fact, from the the the affidavit filed, it appears that the applicant affidavit filed, it appears that the applicant affidavit filed, it appears that the applicant visits visits visits Mumbai even otherwise and has a bank account Mumbai even otherwise and has a bank account Mumbai even otherwise and has a bank account and and and place where she can reside in Mumbai. place where she can reside in Mumbai. place where she can reside in Mumbai. According According According to her, the mobile phone at Mumbai is to her, the mobile phone at Mumbai is to her, the mobile phone at Mumbai is meant meant meant only for use when she is in Mumbai. This only for use when she is in Mumbai. This only for use when she is in Mumbai. This does does does suggest that the respondent’s contention that suggest that the respondent’s contention that suggest that the respondent’s contention that she she she visits Mumbai for her own business purpose i.e. visits Mumbai for her own business purpose i.e. visits Mumbai for her own business purpose i.e. fashion fashion fashion designing is highly probable. designing is highly probable. designing is highly probable. 4.4.4. While normally, it would not be appropriate to While normally, it would not be appropriate to While normally, it would not be appropriate to transfer transfer transfer the matter from Mumbai to Amravati at the the matter from Mumbai to Amravati at the the matter from Mumbai to Amravati at the behest behest behest of the wife but, in the present case it of the wife but, in the present case it of the wife but, in the present case it appears appears appears that the applicant, even otherwise has that the applicant, even otherwise has that the applicant, even otherwise has reason reason reason to visit Mumbai where she has a place to to visit Mumbai where she has a place to to visit Mumbai where she has a place to 3 stay stay stay and that she does visit Mumbai even otherwise. and that she does visit Mumbai even otherwise. and that she does visit Mumbai even otherwise. 5.5.5. The respondent shall bear the costs of travel The respondent shall bear the costs of travel The respondent shall bear the costs of travel of of of the the the applicant-wife by air. He shall provide air applicant-wife by air. He shall provide air applicant-wife by air. He shall provide air tickets tickets tickets to her in advance to enable her to travel to her in advance to enable her to travel to her in advance to enable her to travel toto to Mumbai for the case. Mumbai for the case. Mumbai for the case. 6.6.6. In the circumstances, it does not appear In the circumstances, it does not appear In the circumstances, it does not appear appropriate appropriate appropriate to transfer the matter from Mumbai to to transfer the matter from Mumbai to to transfer the matter from Mumbai to Amravati. Amravati. Amravati. Application for transfer is hereby Application for transfer is hereby Application for transfer is hereby dismissed. dismissed. dismissed. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)