1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 110 OF 2008 Mrs.Jyoti Arun Waykole ... Applicant v/s Mr.Arun Nilkanth Waykole ... Respondent Mr.Prashant N. Sutar i/by Satish M. Sonar for the applicant. Nobody present for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 5TH DECEMBER, 2009 P.C.: 1. The miscellaneous civil application has been filed for transferring the divorce proceedings which are pending before the Civil Judge, Sr. Divn., Alibaug to the Civil Judge, Sr. Divn., Jalgaon. 2. The marriage between the applicant and the respondent was solemnized on 4.6.1998 in Jalgaon. It appears that, after their son was born the applicant was 2 compelled to leave the matrimonial home in view of the physical and mental torture that she was subjected to by the respondent. The respondent filed the divorce petition in Alibaug being Marriage Petition No.37 of 2008. The applicant is residing at Bhusawal with her parents and her 8 year old son. She therefore finds it difficult to travel to Alibaug on each occasion when the matter is listed for hearing. The applicant has also stated that it would not be possible for her to travel to all the way from Bhusawal to Alibaug alone, because of the distance and has, therefore, sought transfer of the petition. 3. The respondent though served is not present in Court or represented through an advocate. 4. Th learned advocate for the applicant relies on the judgments in the cases of (i) Neelima Rani alias Neelima Rani Palakonda v/s Srikanth, reported in (2005) 12 SCC 387; (ii) Yogini Umesh Chivhane v/s Umesh Uttamrao Chivhane, reported in 2004 (5) Bom.C.R. 901; and (iii) Savita w/o Vijay Mahajan v/s Vijay s/o Bajirao Mahajan, reported in 2008 (6) Mh.L.J. 263. 5. It is now well settled that if the wife finds it difficult to 3 travel to the place where the proceedings are initiated by the husband, it would be in the interest of justice to transfer the proceedings to the place of residence of the wife. In the present case, the wife would have to travel more than 650 kms. in order to reach Alibaug to attend the hearing of the divorce petition. Besides, she would have to be accompanied by a member of her family. The contention that the applicant has no source of income has not been disputed. Moreover, she would have to either travel with her son to Alibaug or leave him with her aged parents. 6. In these circumstances, in my opinion, it would be appropriate to transfer the proceedings as prayed. Accordingly, the divorce petition being Divorce Petition No. 37 of 2008 pending before the Civil Judge, Sr. Divn., Alibaug, is transferred to the Civil Judge, Sr. Divn., Jalgaon. 7. Application allowed and stands disposed of accordingly. ..... 4