1 Misc. Civil Application No.14/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.14 OF 2011 Rupali w/o Sandip Patil, Age 26 years, Occ. Household, R/o H-112/1, N-9, HUDCO, Aurangabad . ... APPLICANT VERSUS Sandip s/o Madhukar Patil, Age 32 years, Occ. Business, R/o Khirdo, Tq. Raver, District Jalgaon ... RESPONDENT ..... Shri A.S. Shelke, Advocate for applicant Shri V.P. Patil, Advocate for respondent ..... CORAM : S.S. SHINDE, J. DATED : 20th June, 2011. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of parties, heard finally. 2. This application is filed for seeking transfer of H.M.P. No.637/2010, pending before 2nd Jt. Civil Judge, Senior Division, Jalgaon to the Family Court, Aurangabad. The learned counsel 2 Misc. Civil Application No.14/2011 appearing for the applicant submits that, the economic position of the applicant is weak and she is not able to travel from Aurangabad to Jalgaon for attending the proceedings of H.M.P. No.637/2010. Apart from this, there is a 5 years child with the applicant, hence she is not able to travel to Jalgaon from Aurangabad. Therefore, the proceedings of H.M.P. No.637/2010 pending before the 2nd Jt. Civil Judge, Senior Division, Jalgaon may be transferred to Family Court, Aurangabad. 3. On the other hand, learned counsel appearing for the respondent submits that the wife has not filed any proceedings at Aurangabad. Therefore, the proceedings are only filed by the respondent and his client is ready to bear the expenses for travelling and, therefore, this Court may not entertain this application. 4. I have given due consideration to the rival submissions. In my opinion, since there is a 5 years child with the applicant, it would be in the interest of justice and appropriate to transfer the proceedings from the Court of 2nd Jt. Civil Judge, Senior Division, Jalgaon to Family Court, Aurangabad. Apart from this, the another ground which is taken by the applicant is that her economic condition is not good, therefore, she may not be able to travel from Aurangabad to 3 Misc. Civil Application No.14/2011 Jalgaon. Taking overall view of the matter, the H.M.P. No. 637/2010, pending before the Court of learned 2nd Jt. Civil Judge, Senior Division, Jalgaon is directed to be transferred to Family Court, Aurangabad. The Court at Jalgaon to take appropriate steps to transfer the said proceedings within three weeks from the date of receipt of this order. The application is accordingly allowed in terms of prayer clause (B) and same stands disposed of. Rule made absolute. Once the proceedings are received by the Family Court at Aurangabad, the Family Court, Aurangabad may make an endeavour to hear and dispose of the same as expeditiously as possible, within one year from the date of receipt of the proceedings from the Court of 2nd Jt. Civil Judge, Senior Division, Jalgaon. ( S.S. SHINDE, J. )