1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Miscellaneous Civil Application No. 48/2008 (Gitanjali Krishna Suryawanshi & another VERSUS Krishna Pundlik Suryawanshi) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P. Chorghade, counsel for the applicant. Shri M.A. Hussain, counsel for the non-applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 12, 2009. By this application, the applicant seeks transfer of the Maintenance Petition E-142/2005 and Hindu Marriage Petition No.A-554/2007 pending in the Family Court No.2 at Nagpur to Family Court at Pune. Few facts giving rise to the application are stated thus----- The marriage of the petitioner no.1 and the non-applicant was solemnised at Nagpur on 02.05.2001. Applicant No.2 Harshlata is born to the parties from the wedlock. The applicants filed an application for grant of maintenance before the Family Court at Nagpur and the same was numbered 2 as E-142/2005. The wife also filed Hindu Marriage Petition bearing No.A-554/2007 for grant of a decree of divorce. It is not in dispute that after solemnisation of marriage on 02.05.2001, the parties were residing at Nagpur in the matrimonial home. The non-applicant resides at Nagpur. It is the case of the applicants in the miscellaneous civil application that the applicant no.1 was desirous of taking education in Computer Science at Pune and hence, the applicant no.1 and her mother started residing in Pune. It is stated in the application that the applicant is not able to attend on every date at Family Court No.2 at Nagpur and hence, the matter may be transferred from the Family Court at Nagpur to Family Court at Pune. The non-applicant-husband strongly opposed the prayer made in the application on the ground that the marriage was solemnised at Nagpur, the parties resided together at Nagpur and the wife 3 herself instituted the proceedings for grant of maintenance and also for grant of a decree of divorce, at Nagpur. It is submitted by the non- applicant in the reply filed to the application that the course to which the applicant is admitted is only of six months duration, and hence, for the purpose of taking education at Pune, the matter cannot be transferred from Nagpur to Pune causing great hardship to the non-applicant. It is stated in the reply that the applicant had secured a job in Pune and was serving at Pune at the relevant time and it was wrongly mentioned in the application that she was taking education at Pune and, therefore, the matter should not be transferred to Pune. After the non-applicant filed reply to the application, the applicant no.1 has filed an affidavit dated 15.09.2008. It is stated by the applicant no.1 in the affidavit that her parents have shifted to Pune and the applicants are residing with them at Pune. It 4 is stated in the affidavit that parents of the applicant no.1 are intending to dispose of the property situated at Nagpur and are likely to purchase a flat at Pune. It is lastly stated in the affidavit that the applicant no.1 is permanently residing with her daughter at Pune since last two years. The counsel for the non-applicant presented a pursis in the Court today. The pursis is taken on record and marked as Exh.Z. It is stated in the pursis that the non- applicant opposes the transfer application but, he is ready for the dissolution of the marriage and the divorce petition could be decided within a short time. It is further stated in the pursis that the maintenance proceedings are also at the stage of evidence and the matter is fixed for the cross-examination of the applicant no.1. It is also stated in the pursis that the non-applicant undertakes to cross-examine the applicant no.1 on the date fixed by the Court without seeking any adjournment. 5 I have considered the submissions made on behalf of the parties. Though it is stated in the affidavit by the applicant-wife that she and her daughter are permanently residing in Pune for last two years, it appears that the Hindu Marriage Petition for grant of decree of divorce is filed by the applicant-wife in the year 2007. Both the proceedings have been initiated by the wife in the Family Court at Nagpur. It is stated by the non- applicant in the affidavit that the mother of the non- applicant is old and is suffering from heart disease. It is also stated in the affidavit that there is nobody in the family to take care of the ailing mother and in these circumstances, it is not possible for the non- applicant to attend the Court at Pune. A certificate of the consultant Cardiologist is annexed to the rejoinder. From a perusal of the pursis, Exh.Z, it appears that both the proceedings initiated by the applicant wife could be culminated in a short time. 6 In the interest of justice and in the facts and circumstances of the case, it would not be proper to grant the relief sought by this miscellaneous civil application, specially when the applicant-wife had instituted the Hindu Marriage Petition for grant of decree of divorce at Nagpur in the year 2007 though she was permanently residing at Pune for more than two years. The judgments reported in AIR 2000 SC 3403(2) and the unreported judgment in Transfer Petition (C) No.396/2000 dated 26.02.2001 relied on by the counsel for the applicants, cannot be made applicable to the peculiar facts of this case. In the result, the miscellaneous civil application is dismissed with no order as to costs. JUDGE APTE