1 M.C.A. No.22/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.22 OF 2011 Sangita w/o Bhagwan Kute ... APPLICANT VERSUS Bhagwan s/o Dnyanoba Kute ... RESPONDENT ..... Mrs. R.R. Mane, Advocate for the applicant ..... CORAM : S.S. SHINDE, J. DATED : 25th July, 2011. PER COURT : 1. Heard the learned counsel for the applicant. Though the respondent is served, none appears for the respondent. This application is filed seeking transfer of H.M.P. No.61/2011 filed by the respondent before the Civil Judge, Senior Division, Beed to the Family Court at Aurangabad. 2. It is the case of applicant that, Criminal Misc. Application No.742/2010 is filed by her before the Judicial Magistrate, First Class, Aurangabad under the provisions of Section 12 of the Protection of Women from Domestic Violence Act and also application is filed for getting interim maintenance during the pendency of the said application. 2 M.C.A. No.22/2011 3. On 5.3.2011, the respondent/ husband filed H.M.P. No. 61/2011 in the Court of Civil Judge, Senior Division, Beed under the provisions of Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 4. According to the applicant, the proceedings filed by the husband are required to be transferred to Family Court, Aurangabad since the applicant is residing at Aurangabad. 5. The learned counsel appearing for the applicant submits that, the applicant is not having any source of income and, therefore, due to financial difficulties, she may not be able to travel to Beed to prosecute the H.M.P. No.61/2011 filed by the respondent/ husband. It is further submitted that she is unable to maintain herself and two children. Therefore, the proceedings i.e. H.M.P. No.61/2011 may be transferred from the Civil Judge, Senior Division, Beed to the Family Court at Aurangabad. 6. As stated earlier, though the respondent is served, none appears for the respondent. After hearing counsel for the applicant and after perusal of the grounds taken in the application, I am satisfied that the applicant, due to her poor financial condition and also having two children, will not be able to travel to Beed to 3 M.C.A. No.22/2011 prosecute H.M.P. No.61/2011 pending before the Civil Judge, Senior Division, Beed under Section 9 of the Hindu Marriage Act. Therefore, ends of justice would be met if the proceedings i.e. H.M.P. No.61/2011 pending before the Civil Judge, Senior Division, Beed shall be transferred to the Family Court, Aurangabad. The concerned Court, on receipt of the order of this Court, should transfer such pending proceedings within one week. Upon receiving such proceedings by the Family Court, Aurangabad, the Family Court, Aurangabad shall make endeavour to dispose of the said proceedings as expeditiously as possible, however, within one year from today. Misc. Civil Application is allowed to the above extent and same stands disposed of. ( S.S. SHINDE, J. ) fmp/mca22.11