: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.38 OF 2009 Rubina Nisar Shaikh ... Appellant V/s. Nisar Shaikh Sharifuddin ... Respondent Ms.Veena Gowda for Appellant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 7, 2009 P.C.: 1. This Miscellaneous Civil Application has been filed for a transfer of the petition preferred by the respondent for restitution of conjugal rights which is pending before the Civil Judge, Junior Division, Parola, Jalgaon bearing No.34 of 2008 to the Family Court, Mumbai at Bandra. 2. The petitioner and the respondent were married on 7.11.1997 and resided in Parola in Jalgaon soon thereafter the marriage. The petitioner contends that she suffered abuse and assault from the respondent, his mother and his sisters and therefore, left the matrimonial home. It appears that thereafter there was some reconciliation and two children were born to the couple. However, after the birth of the second child, the petitioner continued to reside in Mumbai in view of the torment : 2 : that she suffered. 3. The petitioner has lodged a police complaint against the respondent in respect of the demands made by the respondent as well as the threats issued by him. It appears that the petitioner is working as a nurse in the Holy Family Hospital, Bandra. The petitioner has also filed an application under the Protection of Women from Domestic Violence Act bearing C.C. No.146/misc/2008 dated 3.11.2008. It appears that after this application was served on the respondent he has filed a petition in Parola for restitution of conjugal rights on 24.11.2008. It appears that the present application has been filed immediately after the petitioner was served with the application for restitution of conjugal rights bearing No.34 of 2008. In the present miscellaneous civil application, the petitioner has sought a transfer of the proceedings from Parola to the Family Court at Mumbai. The reasons for the transfer are that she has two minor children aged 7 and 3 years and it is therefore difficult to leave them alone in Mumbai and travel all the way to Parola. She has also stated that she would be required to undertake an overnight journey to Parola and therfore it was difficult to attend the Court there. Besides this, she has stated that she is working as a nurse on daily wages and therefore it is difficult for her to miss work and attend the Court. She has further stated that it is difficult for her to manage her home and trave to Parola with the meagre amount that she is earling from the whole Holy Family Hospital. 4. The respondent though served, is absent. 5. In my view, the petitioner has made out a good case for transfer of the : 3 : proceedings from a Parola to the Family Court, Mumbai. The aforesaid reasons given by the applicant for the transfer are in my opinion sufficient to accede to the reasonable request made by the applicant. 6. Hence, the Miscellaneous Civil Application is allowed. The proceedings bearing No.34 of 2008 pending before the Civil Judge, Junior Division, Jalgaon are transferred to the Family Court, Mumbai at Bandra.