1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 24/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. J.R. Shaikh, Advocate for petitioner. Shri M.M. Bhokarikar, Advocate for respondent no.1. .......................... [CORAM : K.U. CHANDIWAL, J ] DATE : 05th FEBRUARY, 2010. PER COURT : 1 Heard. 2 By Misc. civil application the wife to seeks transfer of petition P.A. No. 259/2004 (Pravin versus Gauri) and P.A. No. 786/2008 (Pravin versus Gauri) pending on the file of learned judge, Family Court, Pune to the Court of Civil Judge (Senior Division), Jalgaon. 3 The marital status of the parties 2 is not in controversy. They have developed bitterness on account of several eventualities which are highlighted during the course of submissions. This Court is not called upon to deal with them as to decide who is at fault for crack in matrimonial relation. 4. The short point to be seen is, convenience of the wife and particularly when it is alleged that she has a well set up medical profession at Jalgaon. Two proceedings initiated by husband at Pune, are instituted subsequent to the proceeding initiated by wife at Jalgaon. It may be that the wife has resources of legal luminaries at Jalgaon, but that does not mean that the husband is severed and inhibited from getting such expertise. In the result, though the husband has expressed fear to his life or limb however, necessary care can be taken and at the material time if an application is moved about such fear to 3 the learned Judge at Jalgaon, he may consider it. 5 Mr. Bhokarikar though has placed reliance on the judgment in the matter of Anuradha Dalal versus Rohit Dalal 2001 AIR SCW 4830 (2) and also to the judgment in the matter of Kulwinder Kaur versus Kandi Friends Education Trust (2008) 3 Supreme Court Cases 659. Same will not be available to coin due to veracity in the facts. The power of transfer needs to be exercised with due care, caution and circumspection. The medical grounds of ill health of her father also prima facie warrants to get the matter transferred. Hence, order. (a) The two matrimonial proceedings being P.A. No.259/2004 and P.A. No. 786/2008 pending before learned judge, Family Court, Pune be transferred to the Court of Civil Judge (Senior Division), Jalgaon to be tried with the proceedings initiated by the wife/applicant (herein). The petition is allowed in above terms. 4 The proceedings expedited. (b) The parties to appear before Civil Judge (Senior Division), Jalgaon on 24th February 2010. [ K.U. CHANDIWAL, J ] tsk/mca24.09