1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Misc. Civil Application No.1 of 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri N.C.Garud, Advocate, for applicant. Shri K.D.Bade Patil Advocate for the Respondent. 1. Heard learned counsel for respective parties. 2. This is an application under Section 24 of the Code of Civil Procedure 1908, filed by wife who is Medical Practitioner for transfer of H.M.P. no.A-207/2008 from the file of Family Court, Nagpur to the Court of Civil Judge, Senior Division, Ahmednagar. 2 3. It is the contention of the applicant that she resides with her parents at Ahmednagar; she has a small child and that attending the court at Nagpur from Ahmednagar is very inconvenient for her. Since distance is of 500 kms, if she has to attend the court at Nagpur, she is required to spend two days for to and fro journey and being a lady, she is to be accompanied by somebody and, therefore financially also it is difficult for her to attend the divorce proceedings in Family Court at Nagpur. Under such circumstances, she prays that the petition pending on the file of Family Court, Nagpur, may be transferred to the file of Civil Judge, Senior Division, Ahmednagar. 4. It is also stated that Ahmedngar is a place convenient for Respondent- husband inasmuch as he is attending various criminal proceedings in the 3 Court at Ahmedngar, such as, criminal miscellaneous application No.208 of 2001, criminal Miscellaneous application No.553 of 2007, criminal case No.164 of 2004 etc. 5. On the other hand, Advocate Shri K.D.Bade Patil strongly opposed to the transfer. He submitted that the petitioner-wife is serving and is getting salary of Rs.25,000/= per month. According to him, false criminal proceedings are filed against respondent-husband. On further enquiry, it is stated that both parties lived together last at Nanded and thereafter husband is transferred to Nagpur and that is the reason why one of the matters was previously transferred to the court at Nanded and disposed of. 6. Shri N.C.Garud, learned counsel for the applicant relied on the case of Sangamitra Royalwar vs. Ramakant Royalwar 2009 (1) Mh.L.J. 303. In the 4 reported case, the court considered various rulings and ultimately transferred some matters from one court to another. H.M.P. No. 13 of 2006 was transferred from the court of Civil Judge, Senior Division, Biloli, District Nanded, to the court at Chandrapur where wife was residing. In Criminal Miscellaneous Application No.203 of 2008, wife was residing at Nagpur and HMP proceedings bearing No. A349 of 2007 were pending on the file of Family Court, Aurangabad. Considering the facts and circumstances of the case a bunch of matters was transferred from one court to another. So, relying upon this case, it is submitted that this court has territorial jurisdiction to consider the transfer application. 07. Having regard to the facts and circumstances of the case and that the applicant is a lady with a small child and also considering the 5 distance between Ahmednagar and Nagpur, this application is allowed. H.M.P. No.A-207/2008 is hereby transferred from the file of Family Court at Nagpur to the court Civil Judge, Senior Division, Ahmednagar, under Section 24 of the Code of Civil Procedure for disposal in accordance with law. In the facts and circumstances, parties to bear their own costs. Hamdast of writ is allowed. Date:21/07/2009 (P.R.BORKAR, J.) pnd/mca1.09