1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.108 OF 2008 Pooja Anil Ghorpade .....Applicant V/s. Anil Kashinath Ghorpade ..... Respondent Smt.Sharmila A. Deshmukh, for the applicant. None for the respondent. CORAM :P.B.MAJMUDAR, J. DATE : SEPTEMBER 15, 2009 P.C. 1. This is an application under Section 24 of Code of Civil Procedure, filed by the applicant-wife against the respondent for transferring H.M.P. No.91 of 2008 along with interlocutory applications pending before the Civil Judge, Senior Division, Srirampur, Ahmednagar, to the 2nd Family Court at Bandra, Mumbai. 2. It is the case of the applicant-wife that the marriage between the applicant and respondent was solemnized on 17-11-2005 at Ahmednagar. There are two issues out of the said wedlock i.e. one daughter and son and they are minors. The applicant wife has already filed proceedings under Section 125 of the Cr.P.C., before the 2nd Family Court, Bandra. In the meanwhile, the respondent-husband has filed H.M.P. 2 No.91 of 2008 for getting decree for restitution of conjugal rights. 3. It is submitted by the learned counsel for the applicant that with two minor children, it is very difficult for the applicant to travel at a long distance, as according to the learned counsel for the applicant, it takes about 8-10 hours to reach Srirampur from Bombay. The learned Judge of this Court on 17-11-2008, passed an order of issuance of notice to the respondent and it is also mentioned in the order that the matter may be disposed of finally at the admission stage and stayed the further proceedings at Srirampur. 4. Since the respondent has not appeared and opposed this application and considering the averments made in the civil application and the fact that the applicant-wife is having two children, it may be difficult for her to travel from Bombay to Srirampur, in my view, it would be just and proper to transfer the H.M.P. No.91 of 2008 at Bombay. Accordingly, this Civil application is allowed. H.M.P.No.91 of 2008 along with interlocutory applications are ordered to be transferred from the Civil Judge, Senior Division, Srirampur, Ahmednagar to 2nd Family Court, Bandra, Mumbai. Writ to be sent immediately to the concerned Court at Srirampur, Ahmednagar to transfer all the case papers of H.M.P.No.91 of 2008 to the 2nd Family Court, Bandra, Mumbai. After receiving the papers from the Civil Judge, Senior Division, Srirampur, the Family Court shall 3 proceed with the matter in accordance with law. 5. Subject to what is stated above, the miscellaneous civil application is disposed of. (P.B.MAJMUDAR, J.)