: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.41 OF 2009 Sushma Vijay Kale .. Applicant V/s. Vijay Kachru Kale .. Respondent Mr. Rupesh Bobade for the Applicant. Mr. Sandeep Dere for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 11 TH MARCH, 2010. P.C.: 1. The Miscellaneous Civil Application has been preferred for transfer of the proceedings in Marriage Petition No.197 of 2008, which are pending before the Civil Judge, Senior Division, Kalyan, Dist. Thane, to the file of the Civil Judge, Senior Division, Barshi, Dist. Solapur. 2. The applicant married the respondent on 15th December, 1998. They have two children. The elder child is a son, who is with the respondent and the younger child is a daughter who is with the applicant. It appears that after some years of living together, the respondent has filed an : 2 : application for divorce in the Court of Civil Judge, Senior Division, Kalyan, Dist. Thane. Before that application was filed, an application for maintenance was filed under Section 125 of the Code of Criminal Procedure by the applicant for herself and her daughter before the Junior Magistrate, First Class, Madha, Dist. Solapur. The applicant contends that she filed this application as she was driven out of the matrimonial house. 3. These proceedings were decided in favour of the applicant. She has stated in the present application that the respondent is still not paying maintenance to her, as directed by the Court. The applicant has filed proceedings before the Civil Judge, Senior Division, Barshi, Dist. Solapur, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The applicant has sought a transfer of the Marriage Petition No.197 of 2007, which has been filed before the Civil Judge, Senior Division, Kalyan, Dist. Thane, by the respondent under Section 13(1)(ia) of the Hindu Marriage Act. : 3 : 4. The applicant has stated that she is now residing at Tembhurni, Tal. Madha, with her parents and would have to travel approximately 450 kms. to attend the Court in Kalyan, Dist. Thane. She has stated in her application that she apprehends that she will have to face mental as well as physical cruelty in Kalyan from the respondent. She has further stated that it would be difficult for her to travel all the way without an escort and with her six years old daughter. She has also stated that she has no source of income and the travel to Kalyan would cast an additional burden on her family. 5. The learned Advocate appearing for the respondent has submitted that the respondent is a daily wage earner, working in a barber’s shop. He has submitted that it would be difficult for the respondent to travel to Barshi, if the matter is transferred, as he would loose his wages for the days when he is not in Kalyan. It is also submitted that the respondent is willing to pay for the : 4 : conveyance of the applicant and an escort to Kalyan. 6. Having heard the submissions of the learned Counsel for the parties, in my view, this is a fit case where the proceedings in Marriage Petition No. 197 of 2008 pending before the Civil Judge, Senior Division, Kalyan, Dist. Thane, should be transferred to the Court of Civil Judge, Senior Division, Barshi, Dist. Solapur. This is because the applicant would have to travel to Kalyan with her six years old child. Besides this, she has no source of income. Even assuming the applicant pays that amount, it would still be difficult for her to travel the distance of 4.50 kms. with her child. 7. For the reasons stated in the Miscellaneous Civil Application, it is allowed in terms of prayer clause (b). 8. The Marriage Petition No.197 of 2008 shall be transferred from the file of the Civil Judge, Senior Division, Kalyan, Dist. Thane to the file of : 5 : the Civil Judge, Senior Division, Barshi, Dist. Solapur.