mca17.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ MISC.CIVIL APPLICATION NO. 17 OF 2011 USHA NITIN BHALSHANKAR VERSUS NITIN DEEPAK BHALSHANKAR ... Advocate for applicant(s) : Mr. Kale Virendra B. R/sole Served(paper Publication) (absent). ... CORAM : S.S. SHINDE, J. Dated: August 05, 2011 ... Heard learned Counsel for the applicant. None appears for the respondent though served. 2 The learned Counsel appearing for the applicant submits that due to poor financial condition of the applicant, she may not be able to travel to Pune where the proceedings are filed by the respondent. He further submits that the applicant is doing daily labour work and earning her livelihood. It is further submitted that when mca17.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the proceedings were filed by the respondent at that time, the applicant was residing at Nandur, tq. Kaij, Dist. Beed. Therefore, this application may be allowed thereby transferring the PA No. 956/2010 from Family Court at Pune to the Court of C.J.S.D., Ambejogai. 3 Though the respondent is served, none appears for him. Therefore, the pleadings in this application are remained un-controverted. The Supreme Court in case of Sumitta Singh vss. Kumar Sanjay and another (AIR 2002 SC 396), has held that in the matrimonial proceedings instituted by husband against wife, it is the convenience of wife that must be looked at. It is also stated in the application that due to poor financial condition, the applicant is not able to travel to Pune. mca17.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 4 In the light of above, the application is allowed in terms of prayer clause (B). The Family Court, Pune is directed to transfer the proceedings P.A. No.956/2010 to the court of C.J.S.D., Ambejogai within eight days from receipt of this order. After receipt of the said proceedings, the C.J.S.D., Ambejogai to expedite the hearing of the said proceedings and complete the same, as expeditiously as possible and in any case, within six months from receipt of the said proceedings from the Family Court, Pune. Application is allowed in the above terms and stands disposed of. (S.S. SHINDE, J.) PLK/*