: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.102 OF 2009 Vidya Vijay Kumar Bansode ... Appellant V/s. Vijaykumar Chandrakant Bansode ... Respondent Mr.R.J Khude for Appellant Mr.Suresh Bhosle for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 7, 2009 P.C.: 1. This application has been filed for a transfer of divorce petition No.H.M.P. No. 88 of 2009 pending before the Civil Judge Senior Division, Latur to Civil Judge, Senior Division, Thane. 2. The petitioner contends that she got married to the respondents on 5.11.2000. It appears that various incidents took place from 2001 to 2009 due to which the petitioner left her matrimonial home and returned to Mumbai to her parents where she is now staying. The respondent filed a divorce petition in the Court at Latur on 1.6.2009 and the applicant received summons on 1.7.2009. 3. The application has been filed by the applicant for maintainance before the : 2 : Judicial Magistrate First Class, Vashi in Navi Mumbai. She has also filed an application for custody of her children. She states that it is not possible to travel a distance of 600 kms to Latur to attend the Court proceedings. According to her, she is unemployed and her father is employed as a watchman in Mumbai. She therefore urges that it would not be possible for her to attend the Court in Latur to contest the proceedings filed by the respondent. 4. The respondent has filed an affidavit opposing the Miscellaneous Civil Application. He has stated that besides the divorce proceedings which he has filed he has also filed a private complaint before a Judicial Magistrate First Class, Latur which is pending herein. He states that the children born from this wedlock are residing with him and therefore there is no need to transfer the proceedings. Besides this, he states that the applicant’s native place is about 5 kms away from Latur and it would be convenient for the applicants to travel to Latur with her father who goes to the village to collect his pension. The respondent has also averred that several relatives of the applicant are residing in their native place which is 50 kms away from Latur. 5. In my opinion, taking note of the facts and circumstances mentioned in the civil application, it would be appropriate to transfer the proceedings to Thane. There is not dispute that the applicant is not earning. She would therefore have to depend on her father to travel with her each time she needs to attend the Court. In these circumstances, in my opinion, it would be appropriate to transfer the proceedings to Thane. Reliance has been placed on the judgment of the Supreme Court in the case of Sumita Singh v/s. Kumar Sanjay & Anr., AIR 2002 SC 396 where it has been held : 3 : that the wife’s convenience must be looked at while considering her transfer application when the husband has filed the suit against the wife. Similarly, in the case of Shruti w/o. Shriram Jangam v/s. Shriram s/o. Balkrushn Jangam, 2009(4) ALL MR 386, a learned Single Judge of this Court in Aurangabad Bench has granted the request made for transfer considering the convenience of the wife. 6. In this view of the matter, the Miscellaneous Civil Application is allowed in terms of prayer clause (a).