1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 437 OF 2009 Pratima w/o Pushparaj Dahiwale Vs. Pushparaj Mahadeo Dahiwale Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri V. D. Muley Adv for applicant. Shri R. T.Anthony Adv for non applicant. CORAM: C. L. PANGARKAR J. Dated: 19 th NOVEMBER, 2009. This application has been filed for transfer of marriage petition filed by the non applicant at Mumbai for dissolution of the marriage. The wife has filed this application on the ground that it is difficult for her to travel all the way from Bhandara to Mumbai. It is her case that her parents are more than 65 years of age and and cannot accompany her all the way. Mumbai is too far away from Bhandara, hence she prays that proceedings filed at Mumbai be 2 transferred from Mumbai to Bhandara. Application is opposed by the non applicant. Non applicant has contended that it is not possible for him to travel all the way from Mumbai to Bhandara and he is ready to pay expenses to the wife. Learned counsel for the non applicant brings to my notice the order passed by this Court on 03.04.2009 wherein after hearing the parties the Court has observed that the notice should be issued to show cause why the petition should not be transferred from Mumbai to Nagpur and it will be convenient for non applicant to travel from Mumbai to Nagpur. Shri Muley learned counsel for the applicant submits that the Court is supposed to look into the convenience of the wife. He brings to my notice the allegations made by the non applicant- husband in his application that wife is suffering from schizophrenia. He submits that under such circumstances it is not possible for her to travel to Mumbai and therefore the Court may consider her request, bearing in mind that aspect. He also placed reliance on a decision reported in Sumita Singh Vs. Kumar Sanjay And Another AIR 2002 Supreme Court 396. Their Lordships of the Supreme Court have clearly observed that convenience of the wife 3 should be looked at when the petition or suit is filed by the husband. In the reported case distance between Delhi and Ara was about 1100 kms and in the instant case it is also around 900 kms. Said decision of the Supreme Court applies an all fours to the facts of present case. In the circumstances the following order is passed: Marriage Petition no. 2293 of 2008 is withdrawn from the file of the Family Court Bandra and stands transferred to Family Court Nagpur. JUDGE svk 4 5 6