SM 1 24.mca.46.10.wp.1075.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 46 OF 2010 Smt. Sapna Rajesh Mulchandani ....Appellant. Versus Rajesh Nandlal Mulchandani ....Respondent. WITH WRIT PETITION NO. 1075 OF 2011 Smt. Sapna w/o Rajesh Mulchandani ....Petitioner. Versus The State of Maharashtra and others ....Respondents. ____________ Suvarna Joshi i/b FF & Associates for the Applicant/Petitioner. Mr. Sandeep K. Shinde for the Respondent No. 2. CORAM: R. M. BORDE, J. DATED : DECEMBER 15, 2011. P.C.: The present Miscellaneous Civil Application is presented seeking transfer of proceedings of H.MP No. 286 of 2010 presented at the Family Court, Nashik by the respondent- husband for judicial separation to the Family Court at Nagpur where the wife resides. The appellant-wife claims that she is a resident of Nagpur and it would be difficult for her to attend the proceedings pending in the Court at Nashik. The appellant being a lady has her own restrictions in respect of undertaking journey from Nagpur to Nashik to prosecute the H.MP No. 286 of 2010 presented by the respondent-husband. It has, also, been brought to the notice of this court that the applicant-wife lodged complaint with the police in respect of harassment caused to her by the husband and her in-laws under Section 498A of the Indian Penal SM 2 24.mca.46.10.wp.1075.11 Code. The police authority conducted investigation in the matter and chargesheet is now presented to the Court of the J.M.F.C. at Nashik. The case bearing RCC 535 of 2010 is registered and is pending for disposal before the Court of the J.M.F.C. at Nashik against the husband and in-laws of the appellant-wife. The writ petition is presented by the wife seeking transfer of proceedings from the J.M.F.C. at Nashik to the Court at Nagpur. 2. There was an earlier petition presented by the petitioner wife seeking transfer of investigation from Police Nashik to Police Nagpur being Criminal Writ Petition No. 116 of 2010. The Criminal Writ Petition No. 116 of 2010 presented by the wife was not entertained and came to be dismissed by the Division Bench of the High Court, Bench at Nagpur by order dated 18th January, 2011. It is not disputed that all the accused of the criminal case are resident of Nashik. The complaint was lodged with the Nashik Police and investigation is also complete. Most of the witnesses to be examined in the matter are from Nashik. There is no evidence placed on record in respect of the allegations made by the wife that she has a reasonable apprehension of danger as regards her safety if she is required to travel to Nashik to contest the litigation. Merely, apprehension expressed by the wife is not sufficient to direct transfer of matter. There are no copies of complaint placed on record. This is not a fit case to direct transfer of the criminal case from the Court of Nashik to the Court at Nagpur. 3. Considering the aspect that there are two different proceedings pending at different Court at Nashik, in order to SM 3 24.mca.46.10.wp.1075.11 facilitate the wife to attend the proceedings at Nashik, an appropriate direction can be issued to the Courts to prescribe both the matters pending at Nashik as far as possible on the same date. If such a direction is issued, it would avoid inconvenience to the wife in respect of attending dates prescribed in different matters. Miscellaneous Civil Application and the Writ Petition can be, conveniently, disposed of by directing the Family Court, Nashik as well as the J.M.F.C. at Nashik to prescribe the Petition No. 286 of 2010 presented in the Family Court, Nashik as well as the criminal case bearing No. RCC 535 of 2010 pending in the J.M.F.C. at Nashik proceed on one and same date as far as possible. The parties may make appropriate request to the Court for prescribing common date in the matters and if such a request is made, the same be considered sympathetically. 4. This direction is issued in order to minimize the inconvenience that would be caused to the wife in attending the dates prescribed in both the matters. With these directions, Miscellaneous Civil Application as well as Writ Petition stands disposed of. (R. M. BORDE, J.)