JUGDMENT - KHANDEPARKAR R.M.S., J.:---Rule. By consent, rule is made returnable forthwith.

2. Heard the learned Advocates for the parties. Perused the papers.

3. The petitioner seeks transfer of Matrimonial Petition being P.A. No. 885 of 2001 pending before the Family Court No. 5 at Pune to the Family Court at Bandra, Mumbai and to be heard along with the petition filed by the petitioner being M.J. Petition No. C-91 of 2002 pending before Court Room No. 7 in the Family Court at Bandra, Mumbai.

4. Undisputed facts in the matter are that the marriage between the petitioner and the respondent was solemnized as per the Hindu Vedic rites at Khar, Mumbai, on 11th May, 2001. The petitioner joined the respondent at her matrimonial house at Pune. Subsequent to the said marriage, some differences arose between the parties in June, 2001 and, thereafter, the petitioner started residing with her parents at Khar, Mumbai. The respondent filed Matrimonial Petition being PA No. 885 of 2001 in the Family Court at Pune on 27th December, 2001 seeking for decree of nullity of the marriage. During pendency of the said petition, the petitioner in the month of April, 2001 filed petition for maintenance in the Family Court at Bandra, Mumbai, being Petition No. C-91 of 2002. The petitioner delivered a baby girl in Nursing Home at Mumbai on 17th May, 2002.

5. It is the case of the petitioner that on account of her pregnancy, she was not able to attend the proceedings in the Family Court at Pune and after the delivery of the child, it became still impossible for her to attend the said proceedings. Presently the child is of 5 months old. Considering the difficulties faced by the petitioner, in the facts and circumstances of the case, the petitioner has filed the present application under section 24 of the Code of Civil Procedure for transfer of the proceedings from Family Court, Pune to Family Court at Bandra, Mumbai. It is the case of the petitioner that she is totally at the mercy of her parents for financial help and for maintenance of herself as well as her child, and, in the circumstances, she finds it difficult and totally inconvenient to attend the proceedings at Family Court, Pune. On the other hand, it is the case of the respondent that all the witnesses of the respondent are from the District of Pune and, therefore, it will cause great inconvenient to the witnesses of the respondent to attend the Family Court at Bandra, Mumbai.

6. Placing reliance upon the decision of the Apex Court in the matter of (Sumita Singh v. Kumar Sanjay and another)1, reported in A.I.R. 2002 S.C. 396, and drawing attention to section 19 of the Hindu Marriage Act, 1955, it was submitted by the learned Advocate for the petitioner that the Family Court at Bandra, Mumbai, is equally competent and has jurisdiction to entertain and try the proceedings and considering the facts and circumstances of the case, the transfer of the proceedings from Family Court, Pune to Family Court at Bandra, Mumbai, is warranted. On the other hand, referring to the difficulties that will be faced by the respondent to procure presence of the witnesses at Family Court at Bandra, Mumbai, the learned Advocate for the respondent submitted that mere inconvenience to the petitioner cannot be the justification for transfer of the proceedings from Family Court, Pune to Family Court at Bandra, Mumbai. Attention was also drawn to the decision of the Apex Court in Sumita Singh's case (supra) wherein, a distance between the two places was 1100 kilometers and the lady in that case had no arrangement for her stay at a place where the proceedings were going on.

7. Section 24 of the Code of Civil Procedure empowers the High Court and the District Court to transfer any suit or other proceeding from one Court to another competent Court to try and dispose of such suit or proceeding. Undoubtedly, such transfer has to be made for justifiable reason and cannot be in arbitrary exercise of jurisdiction under section 24 of the

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