1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISCELLANEOUS CIVIL APPLICATION NO.34 OF 2011 ( Sau,Prachiti W/o Narendra Bhagadkar V/s. Shri Narendra S/o Domaji Bhagadkar) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri N.R.Bhishikar, counsel for petitioner Shri Sudhir Malode, counsel for respondent CORAM : R. K.DESHPANDE, J. DATED : 18th APRIL, 2011. This application under Section 24 of the Civil Procedure Code, 1908, seeks transfer of matrimonial proceeding, bearing Petition No.A324 of 2010, pending in the Court of the Principle Judge, Family Court, Nagpur to the Court of the learned Civil Judge, Senior Division, Gadchiroli. The notice for final disposal of the matter was issued on 18.1.2011. .....2/- 2 Shri Sudhir Malode, the learned counsel appears for the respondent and has filed reply opposing the claim made in this petition. The respondent has also filed a Pursis stating therein that he is ready to pay travelling expenses from Nagpur Gadchiroli by with one escort. In his Pursis it has been stated that the respondent is willing to pay the lodging charges to the tune of Rs. 500/- to the petitioner with one escort, in case she is required to stay at Nagpur, for participating in the proceeding. The learned counsel appearing for the petitioner has urged that the petitioner is residing at Wadsa Desaiganj, District Gadchiroli along with her parents. The marriage of petitioner was solemnized on 23.4.2008 and since 8.2.2009, the parties are residing separately. The respondent is residing at Nagpur and is employed in Primary Health Centre as multipurpose health worker. The contention of the learned counsel appearing for the petitioner is that it is difficult for the petitioner to .....3/- 3 travel from Desaiganj to Nagpur for attending the matter. He has further urged that the petitioner has initiated the proceeding for grant of maintenance, in the Court at Gadchiroli and the same are being attended by the respondent. He has further submitted that she has no source of income and hence, to travel from Gadchiroli to Nagpur, is causing great inconvenience. The distance between Gadchiroli and Nagpur is approx 200 kilometers. The petitioner is not employed whereas the respondent is in employment. The petitioner can spend time to attend the proceedings at Nagpur whereas the respondent will have to obtain leave from employment. The respondent has filed the Pursis Stampt No.3054/2011 dated 9.3.2011, which is marked “X” for identification. The respondent has agreed to bear travelling and lodging expenses of the petitioner with one escort. In view of this Pursis, which shall form part and parcel of the order and accepted as an understanding, I am not inclined to allow the application for transfer. However, the .....4/- 4 respondent shall be bound to comply with the statements made in the Pursis. The amount payable to the petitioner on each date of her attendance, shall be calculated by the learned Judge of the Family Court on every such date and an appropriate order for immediate payment of the said amount, shall be passed. The respondent shall immediately pay the amount to the petitioner. With the aforesaid observations, the application is dismissed. JUDGE BRwankhede ...../-