1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application No.1332/2008 [Sau. Kavita Rajendra Nyalewar .vrs. Rajendra Madhukar Nyalewar] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. Nitin Vyawahare, Advocate for the applicant, Mr. A.A. Naik, Advocate for the respondent. .......... Coram : B.P. Dharmadhikari, J. Dated : 11 th February, 2009. Heard. The prayer of the present applicant-wife is to transfer HMP proceedings pending before Joint Civil Judge, Senior Division, Gadchiroli filed by respondent-husband to Family Court at Nagpur. The proceedings are under section 13(1)(9-b) of the Hindu Marriage Act. Advocate Vyawahare states that the applicant-wife is without any source of income, is dependent on her parents and has got a small child, aged about 3½ years old. It is difficult for her to carry the child with her to Gadchiroli by Bus and come back. It is also complained that she cannot 2 carry any escort with her on each date because of poor financial condition of her parents. The reliance is placed on the judgment reported at Mh.L.J. 2009(1) 303, Sangimitra w/o Ramakant Royalwar .vrs. Ramakant s/o Gangaram Royalwar. Advocate Naik invites my attention to the submissions filed on affidavit to point out that the respondent-husband is facing medical problem and, therefore, it is not possible for him to come down to Nagpur. He therefore states that the proceedings should be continued in the Court of Joint Civil Judge, Senior Division, Gadchiroli and at the most the respondent-husband should be directed to pay the journey expenses of the applicant-wife. It is apparent that the respondent is in employment in Zilla Parishad, Gadchiroli. It is pointed out that because of his health problem, the respondent was required to proceed on leave in excess of seven months. I have perused the affidavit and I find that the health problem mentioned therein cannot be a reason for not travelling to Nagpur on the date on which the matter is fixed before the Family Court, Nagpur. In his application dated 25.9.2008 addressed to Chief Executive Officer, Zilla Parishad, Gadchiroli it is stated that the respondent is taking treatment at Nagpur. 3 In the circumstances, considering the judgment on which the applicant-wife has placed reliance, prayer for transfer is granted. HMP No.22/2008 on the file of Joint Civil Judge, Senior Division, Gadchiroli is transferred to Family Court, Nagpur. The order be intimated accordingly to the said Court and the Family Court. JUDGE Gulande