1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR M.C.A.NO.985 of 2009 Charulata w/o Kishor Motghare ...vs... Kishor Jiwandas Motghare =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.I.S.Charlewar Adv. for the applicant. Mr.P.Mohgaonkar Adv. for the respt. C ORAM : Smt.R.P.SondurBaldota,J. DATED : 4th February, 2010. This application is filed by wife under Section 24 Civil Procedure Code for transfer of H.M.P. No.A- 613/2007 pending in the Family Court, Nagpur to the court of Civil Judge Judge (Sr.Dn.), Gondiya. The applicant has already filed one application under Section 125 Criminal Procedure Code for maintenance in the court at Gondia, which is pending for hearing and which is being attended to by the respondent. The applicant finds it physically and financially difficult to attend to the court at Nagpur and hence seeks transfer. The respondent opposes the application 2 submitting that it is not necessary for the applicant to attend to the matter on each and every date and her Advocate can appear to conduct the matter. Further, according to the respondent, the matter being at the last stage i.e. at the stage of evidence, argument and judgment, the applicant may not have to attend many dates in the court. The respondent has referred to disciplinary proceedings initiated against him by his office for irregular attendance and submits that attending the court at Gondia on the dates of the matter may create difficulties for him in his service. Respondent has annexed the memorandum issued to him, the order of the Disciplinary Authority and the punishment imposed upon him. Perusal of the memorandum shows that the applicant had unauthorisely remained absent from duty for long periods between 21 st of April, 2008 to 26 th of September, 2008. The learned counsel for the respondent submits that the respondent was required to remain absent from duty on account of illness of his parents. The respondent has been given punishment of ‘CENSURE’. There is no dispute that the unauthorised absence from duty of the respondent has no connection with the court matters. The applicant has already filed maintenance proceedings against the respondent. She has to look after her son of 7 years’ age. Whenever she has to attend to the 3 court matter at Nagpur, she will have to make arrangement of somebody to look after her son. In these circumstances, the application is allowed in terms of prayer clause (i) JUDGE chute