Ash 1 66mca-49.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 49 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri M.R. Deshpande for the Applicant. -- CORAM : A.S.OKA, J. DATE : 7TH MARCH, 2011 P.C.: . On 16th July, 2010, a notice was issued for final disposal at the admission stage. Notice has been duly served. None appears for the Respondent. 2. The Applicant is wife of the Respondent. The Respondent filed a Petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Palghar. The said Petition was decided ex parte and decree was passed against the Applicant. In an appeal preferred by the Applicant, order of remand was passed by the District Court. A copy of the order of remand has been annexed to the application. It is stated that after the order of remand, the said Petition is pending. It is Ash 2 66mca-49.10 stated that subsequently the Respondent has filed a Petition for divorce in the Court of Civil Judge, Senior Division at Palghar. 3. In the application, it is stated that the minor daughter is in the custody of the Applicant and that the Applicant is a resident of village Kandar, Taluka Karmala, District- Solapur. It is stated that for reaching Palghar from Karmala, the Applicant has to travel for more than 15 hours. It is stated that considering the fact that the daughter is in the custody of the Applicant, it is very inconvenient to the Applicant to attend the Court at Palghar. There is no reply to the assertion that the Applicant has to travel for nearly 15 hours to reach the Court at Palghar. 4. In view of the averments made in the application, a case is made out for transfer as prayed for. Accordingly, the application is allowed in terms of prayer clause (d) with modification that both the Petitions shall be transferred to the Court of Civil Judge, Senior Division, Solapur. (A.S.OKA, J)