1 mca 35-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 35 OF 2010 Mrs.Megha @ Gauri Vinod Itkarkar ...Applicant vs. Shri Vinod Vasant Itkakar ...Respondent Mr.K.K. Malpathak for the Applicant. Mr.A.R. Pitale for Respondent No.1. CORAM : B.R. GAVAI, J. DATED : JANUARY 10, 2011 P.C :- 1 The present application has been filed for transfer of Hindu Marriage Petition No.23 of 2010 from the Court of Civil Judge, Senior Division, Islampur, to the Family Court, Thane. 2 It is submitted on behalf of the applicant that the applicant is residing at Thane along with her aged parents and she is educated unemployed. It is submitted that she is solely dependent on her 2 mca 35-2010 parents. It is further submitted that the proceedings initiated by the applicant under Section 125 of the Cr.P.C. are also pending at Family Court, Thane. It is further submitted that the respondent is earning a huge amount and therefore, no prejudice will be caused to him if the proceedings are transferred to Thane. 3 The learned Counsel for the respondent vehemently opposes the application. It is submitted that the proceedings filed by the applicant under Section 125 are as a counter-blast to the proceedings filed by the respondent at Islampur. It is further submitted that the attitude of the applicant is not such which deserves consideration. 3 The Apex Court in the number of cases viz. (i) Ravinder Kaur vs. Hitinder Singh, AIR 2000 SC 3403(2), (ii) Renu Gautam vs. Vinod Gautam, AIR 2000 SC 3405(1), (iii) Madhu Saxena vs. Pankaj Saxena, (2005) 13 SCC 158, (iv) Seema Shrinidhi (Smt.) vs. 3 mca 35-2010 Praveen Kumar Tiwari (1997) 8 SCC 712, (v) Leena Mukherjee vs. Rabi Shankar Mukherjee, (2002) 10 SCC 480 found that in matrimonial proceedings, the convenience of wife is required to be taken into consideration. No doubt that the applicant is solely dependent on her parents. It is further to be noted that one of the proceedings is already pending at Thane and the respondent would be required to attend the said proceedings and as such no prejudice will be caused to the respondent, in case, the proceedings are transferred to Thane. It is further to be noted that the Family Courts are exclusively assigned to deal with the matrimonial matters. In that view of the matter, I am inclined to allow the application. 5 Application is allowed in terms of prayer clause (a). However, in the facts and circumstances, there shall be no order as to costs. (B.R. GAVAI, J.) 4 mca 35-2010