1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Misc. Civil Application No. 54 of 2010 Sou. Jaishree @ Gunwanti W/o Ranjitsingh Rajput, Aged about 26 years, Occu.: Household, R/o C/o Vitthal S/o Nandram Pardeshi ........APPLICANT. // VERSUS // Ranjitsingh S/o Revansingh Rajput, Aged about 29 years, Occu.- Journalist, (Press Reporter), R/o Buldhana, Tah. And Dist. Buldhana. ........NON-APPLICANT =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. V.G.Bhamburkar, Advocate for the Applicant. Mr. N.B.Kalwaghe, Advocate for Non-applicant. C ORAM : Smt.R.P.SondurBaldota, J. DATED : 25th February, 2010. The present Misc. Civil Application is filed under Section 24 of the Code of Civil Procedure for transfer of Regular Civil Appeal No.73/2009 from the Court of Principal District Judge, Buldhana to the Court of Principal District Judge, Pune or any other Court of competent jurisdiction at Pune. The application for transfer is opposed by the respondent. The applicant is wife of respondent. On 11th January, 2008, the respondent had filed a petition for 2 divorce under Section 13 of the Hindu Marriage Act, 1955 in the Court of Joint Civil Judge, Senior Division, Buldhana, which was registered as Hindu Marriage Petition No. 12 of 2008. After trial, the petition was dismissed by the judgment and order dated 13th June, 2009. The respondent preferred an appeal therefrom to the District Court, Buldhana. The notice of the appeal has been served upon the applicant and the matter was lastly fixed for 19th February, 2010. The grounds stated for transfer of the appeal proceedings are (i) long distance between Pune and Buldhana ; (ii) ill health of the father of the applicant, who according to her, needs to accompany her on every date, (iii) poor financial strength of the applicant and her father and lastly and more importantly, (iv) the allegation against the respondent that he being a Press Reporter, is an influential person, expert in managing the things. The applicant has expressed an apprehension that she may not get justice at Buldhana court and also that she may not get good legal assistance at Buldhana. As regards the first three grounds stated in the application, considering the fact that the applicant has attended the trial in the matrimonial petition by travelling from Pune to Buldhana in the recent past, there can be no substance in the same. The applicant has not made out any case of special and 3 material change in the circumstances, which unables her to attend to the Court at Buldhana. Mr. V.G.Bhamburkar, the learned counsel for the applicant states that the applicant did not make the application for transfer of the petition during its pendency to the Court at Pune because she was not aware that such an application could be made. It is only recently that a lawyer neighbour, who informed her about the provision and that is how she has filed the present application. As far as the allegation of using influence by the respondent and an apprehension of either not getting proper legal assistance or justice from the court at Buldhana, are concerned, these allegations are vague and without any particulars whatsoever and hence, absolutely wild allegations. No order can be passed upon such allegations. In the circumstances, the application is dismissed with costs. JUDGE. Diwale