1 54 mca.12.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 12 OF 2011 Mrs. Shradha Shah. ... Applicant Versus Parin R. Shah and another. ... Respondents ----- Mr. K.R.Iyengar for the Applicant. Ms. Nazeem Pendari for the Respondent No.1. ----- CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1. 2 The Applicant is the resident of Kandivli in Mumbai. The Respondent No.1 – husband is the resident of Mira Road at Thane. A petition for divorce filed by the Respondent No.1 is pending in the Court of Civil Judge (Senior Division) at Thane. 2 54 mca.12.11 3 The prayer in this application under Section 24 of the Code of Civil Procedure is for transfer of the petition to the Family Court at Bandra. 4 In the affidavit in reply filed by the Respondent No.1 and in particular in paragraph No.5, it is stated thus: “5.) I say that, the Petitioner wants the aforesaid M.J Petition No.426 of 2010 filed in the Family Court at Thane to be transferred to the Family Court at Bandra. It is pertinent to note that it hardly takes 45 minutes to reach Thane Family Court from Borivli. There are regular S.T. buses (with the frequency of ten minutes) from Borivli to Thane, and also there are B.E.S.T buses and A.C buses running from Borivli to Thane.” 5 The learned counsel appearing for the Respondent No.1 on instructions states that the Respondent No.1 will pay to the Applicant a sum of Rs.150/- per visit for attending the Court of Civil Judge (Senior Division) at Thane. 6 In any event the Applicant will have to undertake travelling for some distance either for attending Family Court at Bandra or the Court of Civil Judge (Senior Division) at Thane. The Respondent No.1 has made 3 54 mca.12.11 a statement to pay Rs.150/- per visit to the Applicant. 7 Hence, no case is made out for passing order of transfer. 8 The application is accordingly dismissed. The Respondent No.1 is directed to pay a sum of Rs.150/- to the Applicant on every visit of the Applicant for attending the Court of Civil Judge (Senior Division) at Thane in connection with the petition filed by the Respondent No.1. 9 Hearing of the petition pending in the Civil Court is expedited and the trial Court is directed to conclude the trial before the end of December 2011. [ A.S.OKA, J ]