1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | MISC.CIVIL APPLICATION NO.19/2009 Shri B.N.Gadegaonkar,,Adv.for applicant. Shri R.B.Deshmukh,Adv.for Respdt. .... CORAM : R.K.DESHPANDE,J. DATE : 23/11/2009. 1] Heard learned counsel for respective parties. 2] Admit. By consent of parties, matter is heard finally. 3] This application has been filed by the applicant who is wife of the respondent, seeking transfer of proceeding i.e. Misc.Application NO.31/09 pending in the Court of Ad-hoc District Judge, Latur, to the competent Court at Udgir. The husband has initiated Misc.Application No.31/09 for grant of custody of one of the 3 children who are minors. Applicant resides at Udgir. Proceedings are initiated at Latur. The distance between 2 these places is about 65 Kms. The applicant has alleged that 2 children are admitted to School at Udgir and the daughter is studying in Uppar K.G. She has further alleged that she is residing alongwith her children at the place of her brother and she finds it difficult and inconvenient to go to Latur, to attend the dates on every occasion. She has alleged that she is a pardanashin lady and there is no one to accompany her, to conduct the proceedings at Latur. Hence, on all these grounds the transfer is sought. 4] Shri Deshmukh, learned counsel for the respondent husband opposed this application on the ground that the distance is not much large, to seek transfer of the proceeding. He further states that there are no grounds of inconvenience raised and substantiated in the application. He further states that it is not necessary for the applicant to attend the proceedings on each and every date. Thus, according to him, the application is frivolous and therefore, will have to be dismissed. 5] After taking into consideration the averments made by 3 the counsel for the parties, I am of the view that the proceedings be transferred to Udgir. The Apex Court in the judgment reported in (2004) 13 S.C.C.407 Sangeeta @ Shreya V/s Prasant Vijay Wargiya and in (2005) 12 S.C.C.237 Rajani Kishor Pardeshi V/s Kishor Baublal Pardeshi has held that the convenience of the wife has to be kept in mind, while considering application for transfer. In view of this, and the difficulties which are expressed by the applicant, the proceeding is required to be transferred. 6] Hence, following order is passed. Misc.Civil Application NO. 31/09 pending on the file of Ad-hoc District Judge, Latur shall stand transferred to the Court at Udgir and shall be assigned to the appropriate forum, by the learned Principal District Judge, Latur. Misc.Civil Application is thus allowed. no order as to costs. (R.K.DESHPANDE, J.) umg/mca19-09