1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Misc. Civil Application No. 752 of 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.Salim I. Khan, Advocate for the Applicant. None for respondent, though served. ----- CORAM : A.H. JOSHI, J. DATED : 28th November, 2006. 1. Heard. 2. This is an application under Section 24 of Civil Procedure Code. 3. This Court had directed on 31st August, 2006 that the respondent be served with notice of final disposal. Office report shows that notice has been served. 4. It is seen that the petitioner is a resident of Nagpur, and had gone to Aurangabad to co-habit with her husband. According to her, there was a threat to her life and she, therefore, came back to stay with her parents. She filed application under Sections 18 (1) (b) and 20 (1) (2) of the Hindu Adoption & Maintenance Act in Family Court at Nagpur. 2 5. The respondent filed a petition in Family Court at Aurangabad which is Petition No. A-167/2006, pending in Family Court No.1 at Aurangabad for seeking restitution of conjugal rights. Petitioner has received the summons thereof on 2nd September, 2006. 6. The petitioner claims that she is not in a position to proceed to Aurangabad to appear in the case pending before Family Court due to the factors, such as distance, expenses towards journey, stay, which, according to the petitioner, exceed Rs.1300/- per head. According to petitioner, she has no facility of staying at Aurangabad,and will have to spend on hotel, and all this is impossible for her, as she is unemployed. 7. According to the petitioner, apart from the expenses, there is security hazard, as she is a young woman and will have to travel alone. Her parents are infirm being aged. Her child cannot be attended to in her absence and she will have to take her child every time. She claims that she will have to face great hardships, and this adds to her dependence on her parents. The respondent has failed to pay for the maintenance, and has prayed for transfer of case pending in the Family Court, Aurangabad, to the Family Court, Nagpur. 8. As noted by this Court, since 3 respondent is not appearing, the contents of the petition go without any traverse, and Court is called upon to rely upon the contents which are duly supported by affidavit. 9. In the circumstances, this Court has reached a conclusion that the petitioner is entitled to claim transfer of Marriage Petition pending in Family Court at Aurangabad taking into account her convenience, which is a matter of dominant consideration. 9. This Court, therefore, allows the petition and passes following order:- [a] Petition No. A-167 of 2006 filed by Manoj Ramaji Wanjari against the petitioner herein pending before the Family Court No.1, Aurangabad, be, and is hereby transferred and remitted to Family Court at Nagpur, for hearing and disposal according to law. [b] The petitioner shall be entitled to recover cost towards this petition, which is quantified to a sum of Rs.1500-00 [rupees fifteen hundred only] which the respondent shall deposit in the Family Court at Nagpur within three months from the date of this order. Judge ||Hedau|| 4