1 mca19.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 19 OF 2011 Yogita w/o Pavan Varma, Age: 29 years,Occ: Nil, R/o. Ravi Nagar, Tradoda Naka, Nanded, Tq. & Dist. Nanded. ...PETITIONER VERSUS Shri. Pawan s/o Nandlal Varma, Age: 31 years, Occ: Private Service, R/o. Plot No. 41, Samrat Ashok Nagar, New Laxmi Colony, Caant, Aurangabad, Tq. & Dist. Aurangabad. ...RESPONDENT ... Mr. Jahagirdar, Advocate holding for Mr. G.R. Syed, Advocate for applicant. Mr. L.H. Kawale, Advocate holding for Mr. A.P. Piratwad, Advocate for respondent sole. ... CORAM: S.S. SHINDE, J. DATE : 14TH JULY, 2011 PER COURT : Rule. Rule made returnable forthwith. Heard finally with the consent of the Counsel appearing for the parties. 2 mca19.11 2. By order dated 08-06-2011 this Court issued notice to the respondent and parties were put to the notice that this matter will be disposed of finally on 14-07-2011 i.e. today. 3. Learned Counsel appearing for the applicant submits that the applicant is staying at Nanded and having infant child. She is not having any income source for attending the Family Court at Aurangabad and to bear the expenses. The application for grant of maintenance to the applicant and her child is already pending before the Court of the Judicial Magistrate, First Class at Nanded and the respondent is attending the said proceedings before the said Court at Nanded. It is further submission of the Counsel for the applicant that, the applicant is interested to resume matrimonial house and therefore, in the pending proceedings filed by the respondent even prayer for restitution of conjugal rights has been made by the applicant herein. At the cost of repetition, he submits that due to poor financial 3 mca19.11 condition and due to having infant child, it is not possible for the applicant to travel from Nanded to Aurangabad and prayed for transfer of the petition No.1-21/2011 pending on the file the Family Court, Aurangabad to the file of District Court, Nanded. 4. Learned Counsel appearing for the respondent vehemently opposed this application and submitted that, already the applicant has caused her appearance in the pending proceedings in the Family Court at Aurangabad, this Court may not entertain this application. 5. Upon hearing Counsel for the applicant and Counsel for the respondent and for the reasons stated by the applicant in Para-6 of the application that, she is helpless lady having infant child, she neither can travel or she has no source for travelling expenses, is required to be accepted. It is not in dispute that the application for maintenance filed by the applicant 4 mca19.11 wife is pending in the Court of Judicial Magistrate, First Class, Nanded. 6. In that view of the matter, I am inclined to allow this application. The application is allowed in terms of prayer clause (B). 7. Petition No. A-21/2011 pending on the file of Family Court, Aurangabad be transferred to the file of Court of Principal District Judge, Nanded. Family Court, Aurangabad is directed to transfer the said proceeding to the Court of Principal District Judge, Nanded within one week from the receipt of this order. 8. On receipt of the proceedings from the Family Court, Aurangabad, the Principal District Judge, Nanded will dispose of the same, as expeditiously as possible, within one year from the first date of hearing. 9. Rule is made absolute to above extent. 5 mca19.11 Misc. Civil Application is allowed to above extent and stands disposed of. sd/- [S.S. SHINDE, J.] sut/JUL11