: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.122 OF 2008 Deepa Amit Sarode ... Applicant V/s. Amit Pandharinath Sarode ... Respondent Mr.Yogesh Pawaskar i/b V.S. Kapse for Applicant Mr.Ajay Gadkari for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 13, 2009 P.C.: 1. The present Application has been preferred for transferring the marriage petition which is pending before the Civil Judge, Senior Division at Kalyan which has been filed by the respondent in the Family Court at Bandra, Mumbai. The applicant was married to the respondent on 24.5.2005. It appears that differences arose and they were unable to resolve them. A son was born on 6.6.2006. The applicant is now residing with her parents in Mumbai because according to her she had to face cruelty and harassment from the respondent and his family. A divorce petition has been filed by the respondent u/s 13 of the Hindu Marriage Act in the Court of Civil Judge, Senior Division at Kalyan. The applicant has also filed an application for maintainance which is pending before the Family Court at Bandra. That is numbered as M.J. Petition No.C-100 of 2007. : 2 : 2. The main contention of the applicant is that it is difficult for her to travel to Thane with her 2-year old son each time that the divorce petition is fixed for hearing. She has stated in the application that travelling by public transport with her 2-year old child would not only cause tremendous hardship to her but also to her son. In these circumstances, she has prayed that the petition for divorce be transferred. 3. I have heard the learned advocates for the parties. The learned advocate for the respondent opposes the transfer by contending that Kalyan is not too far for the applicant to travel. 4. Having considered the submissions of the learned Counsel, I am of the view that the application must be granted for the reasons set out therein. 5. Accordingly, the Miscellaneous Civil Application is allowed in terms of prayer clause (a).