1 mca91-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO.91 OF 2010 Bhakti Hitesh Solanki .. Applicant V/s. Hitesh Harshad Solani .. Respondent ..... Mr. K. J. Patil for the applicant. Mr. Suresh Dubey for the respondent. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. P.C.:­ Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent. Applicant is the wife of the respondent. The respondent filed a petition for divorce under Hindu Marriage Act, 1955 against the applicant in the Court of the Civil Judge, Senior Division at Thane. The Applicant has filed a petition under Section 12 of the Domestic Violence Act, 2005, which is pending in the Court of Judicial Magistrate First Class at Sangli. The prayer in this application is for transfer of the petition filed by the respondent to the Court at Sangli. 2 mca91-10 2. The grounds on which transfer is sought are incorporated in grounds (f) and (g) of the application which reads thus : “(f) That the above named applicant most respectfully submits that the Applicant is the only daughter of her parents. The Applicant does not have any brother or sister. The Applicants father due to old age and medical problems has retired from the business. In these circumstances, it will be of a great hardship and inconvenience for the Applicant to appear in the Thane Court. (g) That the above named Applicant most respectfully submits that Sangli is more than 400 kms from Thane. It's highly impossible for the Applicant to travel 400 kms and come all alone to Thane Court. The Applicants parents are also old. The Applicants father is a 60 years old person suffering from Osteoarthritis (Keen Joint Complaints) and unstable angina and the Applicants mother is suffering from Lumbar Spondylisis with radiculop0athy. In these circumstances it will be of a great inconvenience and hardship to the Applicant if the matter is not transfered to Sangli Court. Hereto marked and annexed as Exhibit “D” colly are the copies of Medical Certificate.” 3. The application is opposed by the learned counsel appearing for the respondent by contending that there is no ground for transfer and in any case, the petition filed by the respondent is prior in time. 3 mca91-10 4. I have considered the submissions. The proceeding under Domestic Violence Act, 2005 is pending in a Court at Sangli, and therefore, respondent is bound to come to the said Court for attending the said proceeding. The report of the Registrar (Judicial­ I) records that a Judicial Officer from the cadre of Civil Judge Senior Division and Judicial Magistrate First Class has been appointed specifically as a Chief Judicial Magistrate at Sangli. By virtue of such appointment, he is not empowered to hear the petitions under the Hindu Marriage Act, 1955. 5. In view of the grounds set out in the application which are referred above, an order of transfer will have to be passed. Though both the matters cannot be heard by the same Court, as far as possible, both the matters can be ordered to be kept on the same dates to avoid inconvenience to the respondent. 5. Hence, I pass the following order : :: O R D E R :: 4 mca91-10 i. The application is allowed in terms of prayer clause (a). ii. After the petition is transferred, the Court at Sangli will issue notice to both the parties. iii. An endeavour shall be made to keep as far as possible the petition filed by the respondent and the application filed by the applicant under the Domestic Violence Act, 2005, on the same dates to avoid any inconvenience to the respondent. JUDGE