1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 1272/2009 SAU.PRADNYA @ ANJALI AJAY KUKDE ..VERSUS.. AJAY BAKARAMJI KUKDE =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.B.Ninawe, Adv. for Applicant. Mr.V.M.Deshpande, Adv. for Respondent C ORAM : Smt.R.P.SondurBaldota,J. DATED : 8th MARCH, 2010 This application is filed under Section 24 of the Civil Procedure Code, for transfer of Matrimonial Petition No. 181/2009 pending in the Family Court at Amravati, to the Family Court No.IV at Nagpur, where the proceedings filed by the petitioner bearing Application No. C-104/2009 is pending. The application is opposed by the respondent. The applicant seeks transfer of the proceedings on two grounds. The first ground is of her financial inability in engaging another lawyer at Amravati and in incurring expenses for travelling between Nagpur to Amravati. The second ground is 2 apprehension of assault at the hands of the respondent. Mr. Deshpande, learned counsel for the respondent submits that there are several proceedings filed by the petitioner, her mother and her brothers against several persons. They are as such court-birds and hence, there cannot be any substance in the apprehension of the petitioner that she may be assaulted if she goes to Amravati to attend the court proceedings. Mr. Deshpande states that in fact there is strong possibility of the respondent being assaulted at the hands of the petitioner and her family members if he comes to Nagpur. I find no merit in the arguments made on behalf of the respondent. In the matters of application of the present nature, ordinarily, convenience of the wife is required to be seen. It is only in the cases where it is established that the application filed is not bonafide, the court would refuse the application for transfer. There are no such allegations in the instant case. Hence the application is allowed. Hindu Marriage Petition No. 181/2009 is withdrawn from the Family Court, Amravati and 3 transferred to the Family Court No.IV, Nagpur. In the facts & circumstances of the case, no orders as to costs. JUDGE. Rvjalit