1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MISC.CIVIL APPLICATION (Tr.) NO.1177 OF 2009. Sau.Manjusha w/o Nitish Kathale ..vs.. Shri Nitish @ Hemant s/o Govindrao Kathale. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 10th December, 2009. 1. Heard Mrs.Manisha Alsundekar, learned counsel for the applicant. 2. This application has been filed for transfer of a marriage petition filed by the non-applicant for Restitution of Conjugal Rights. The applicant seeks transfer of this petition from Yavatmal to Nagpur. 3. The applicant was married to the non-applicant about a year ago. It is her case that due to ill-treatment meted out to her, she was required to leave the house of the non-applicant and she is now living with her parents. The Non-applicant has filed the petition at Yavatmal. It is not possible for the 2 applicant to go to Yavatmal frequently and incur the expenditure. It is stated that she cannot go to Yavatmal frequently because of the fact that her parents are old and they cannot accompany her. 4. Notice of this application was issued to the non-applicant. Non-applicant has not appeared before the court inspite of the fact that the notice has been served and the matter was thereafter adjourned once. It, therefore, appears that the non-applicant does not want to contest the application. 5. It is the settled proposition of law that the convenience of the wife is required to be seen. Further, it is stated by the learned counsel for the applicant that the wife has already filed a maintenance proceedings in the Family court at Nagpur and same is pending at Nagpur. In any case, therefore, the non-applicant would be required to attend this proceeding before the Family Court at Nagpur and therefore, there is no difficulty in transferring the marriage petition filed at Yavatmal to Nagpur. In the circumstances, following order is passed. 6. H.M.P.No.106 of 2009 pending on the file of Civil Judge (Sr.Dn.),Yavatmal is withdrawn from his 3 file and transferred to the file of the Family Court at Nagpur. JUDGE. chute