(1.) HEARD the learned Counsel for the parties. The applicant/wife has initiated proceedings under Section 125 of the Code of Criminal Procedure, which have been registered as Case No. E 119/97 and are pending before the Family Court at Nagpur. The non -applicant No. 1 /husband has initiated two proceedings, one under the Guardians and Wards Act, which is pending before the 3rd Additional District Judge, Sangli, and registered as Case No. 143/97, and the other is a Hindu Marriage Petition for divorce filed before the Civil Judge (Senior Division), Satara, and is registered as Hindu Marriage Petition No. 72/98.
(2.) IT is submitted by the applicant/wife that the proceedings initiated by the non -applicant No. 1 /husband under the Guardians and Wards Act and the Hindu Marriage Petition to be transferred to the Family Court at Nagpur where her application for maintenance is pending.
(3.) DURING the course of hearing of this application, the learned Counsel for the parties submitted that there were certain talks between the parties as regards the custody of the two minor children and the wife had agreed to keep the elder child, who is mentally retarded, with her and give up the custody of the younger child with a right of access.