SWATI PRASHANNAKUMAR OGALE Vs. PRASANNAKUMAR VISHWANATH

JUDGEMENT

(1.) RULE . By consent of the learned advocates for the parties, rule is fixed forthwith finally.

(2.) THIS application is filed by the petitioner under sections 22 and 23 of the Civil Procedure Code praying for transfer of petition being petition No. PA 718 of 1997 pending before the family Court No.1, Pune to Family Court, Bandra, at Mumbai. The petitioner-wife has while filing this petition has highlighted about the proceedings initiated between the parties and prayed for proceedings pending before the Family Court No.1, Pune be transferred to Family Court Bandra, at Mumbai. The ground for transfer is sought for is the convenience of the petitioner-wife as she is residing at Mumbai. It is also the case of the petitioner-wife that the respondent-husband had gone to Dubai in the year 1995 and he is still in Dubai. In the affidavit in reply filed by the respondent wherein the respondent-husband has given detail regarding the dates on which he attended before the Counsellor at Pune and now the stage is for recording the evidence and accordingly prayed that the prayer for transfer be rejected.

(3.) IT is true that after filing the petition, the matter was referred to before the Counsellor and ultimately the Counsellor has submitted failure report and the Court is required to proceed with the recording of the evidence. The present application is filed by the petitioner-wife seeking transfer of the petition from Family Court No.1, Pune to Family Court Bandra, at Mumbai on the ground that the petitioner-wife is residing at Bandra (E) Mumbai and if the matter is transferred to Family Court at Bandra, Mumbai, it will be convenient for her to attend the Court at Bandra. On the other hand, the respondent-husband had gone to Dubai and he is attending the Court from Dubai to Pune as seen from the reply affidavit filed by him. The stage of the trial is now reached to begin with the recording of the evidence. As the petitioner-wife is staying at Mumbai and the respondent-husband is at Dubai for him, it will not be difficult to attend the trial while coming from Dubai either at Pune or at Bombay. Only on considering the convenience of the petitioner-wife, I am inclined to allow this application granting the relief for transfer as prayed for by the petitioner.