1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.35 OF 2009 with C.A.No.11493/2009 1. Sow. Seema @ Deepa w/o Vikramsingh Thakur (Bais) Age : 30 years, Occ : Household work, 2. Vedant S/o Vikramsingh Thakur (Bais) Age : 5 years, 3. Kum. Aarushi S/o Vikramsing Thakur (Bais) Age : 3 years, Nos.2 and 3 minors U/g of their mother applicants no.1, All R/o Akola, Tq. & Dist. Akola. APPLICANTS VERSUS Vikramsingh Bhagwansing Thakur (Bais) Age : 37 years, Occ : Service, R/o 32-Battalion, C.R.P.F. Sambalpur, Orissa. RESPONDENTS .... Mr. S. P. Davhale, Advocate for appellants. Mr.Hemant Surve, Advocate for Respondent. .... (CORAM : K. U. CHANDIWAL, J) DATE :18th January, 2010. ------------------------------ PER COURT: 1. Heard. The present petition is in terms of 2 Section 24 of Code of Civil Procedure, seeking transfer of Petition bearing No.A-76/2009 pending before learned Principal Judge, Family Court, Aurangabad, to the Court of Civil Judge, Senior Division, Akola, for disposal with Special Civil Suit No.80/2008. 2. It is contended that the applicant wife is residing at her parental home along with two children at Akola. Her children are studying at Holy Cross Convent at Akola. The applicant is unemployed and without any earning. She has to face difficulties in attending the Court at Aurangabad. 3. Several contentions were raised about the habits of the husband and his behavioural pattern. This is not the occasion to comment. It is evident, the husband is deployed at 32 Batallion, C.R.P.F., Sambalpur, Orissa. 4. It was canvassed by the learned Counsel for the husband, that wife's father is an influential person at Akola, being earlier serving in Police Department and it may result in harm to the life and limb to the husband if he attends proceedings at Akola. It was the greed of money by the wife which required the husband to remain personally present before the Civil Court at Akola. He was insulted, rebuked and even threatened with dire consequences by the parents of the wife. During the course of submissions, it was 3 also indicated that husband is bound to meet the expenses if the wife travels from Akola to Aurangabad. 5. In the light of what has been stated here-in- above, though convenience of the wife is a paramount aspect, to be addressed, however, the wife would be more suited at Aurangabad, to attend the proceedings, being blessed with transport and escort charges. Hence order. The Miscellaneous Civil Application and the Civil Application are dismissed. The husband shall bear transport and escort charges of the wife from Akola to Aurangabad, in attending the proceedings before the learned Principal Judge, Family Court at Aurangabad. (K. U. CHANDIWAL) JUDGE gas/mca35.09