1. All these Misc. Civil Applications are filed under Section 24 of the Code of Civil Procedure by wives for transfer of Hindu Marriage Petitions filed by their respective husbands (non-applicants) from the places of its institution to the place where they are residing with their parents. In Misc. Civil Application No.105/2008, Hindu Marriage Petition No.014/2006 pending on the file of Civil Judge, Senior Division, Biloli, District Nanded, is sought to be transferred to the file of Civil Judge, Senior Division, Chandrapur. This Court has on 06.02.2008 while issuing notice for final disposal stayed further proceeding in the said H.M.P. Misc. Civil Application No.203/2008 seeks transfer of Hindu Marriage Petition No.A-349/2007 from the file of Judge, Family 4 Court, Aurangabad to Family Court, Nagpur. This Court has after mentioning the judgment of Hon'ble Apex Court in the case of Sunita Singh .vrs. Kumar Sanjay (AIR 2002 SC 396) on 05.03.2008 issued notice, and also granted stay of further proceeding in the said matter. Applicant in Misc. Civil Application No. 460/2008 seeks transfer of Hindu Marriage Petition No. 170/2008 from the Family Court No.5, at Pune to the Court of Civil Judge, Senior Division, Akola. This Court has on 29.04.2008 issued notice for final disposal and also stayed proceeding before the Family Court at Pune.

2. As the points involved in all these matters were found to be identical, with the consent of the parties all matters were taken up for final disposal and are heard together.

3. In Misc. Civil Application No. 105 of 2008, the applicant Wife has stated that she is residing with her parents at Chandrapur and is prosecuting B.Ed. Course there. She has further stated that, she has filed divorce petition vide H.M.P. No. 26/2006, in the Court of Civil Judge, Senior Division at Chandrapur, Application under section 5 12 of the Protection of Women from Domestic Violence Act, vide Criminal Application No. 88 of 2007 at Chandrapur and an application for maintenance under Section 125 of Criminal Procedure code vide Misc. Criminal Application No. 89/2006 at Chandrapur. She further states that in matters filed by her, non-applicant/ husband initially avoided service of summons and his father along with advocate came to Chandrapur and filed one Revision, which came to be dismissed. At that time, the said father had threatened the applicant. It is in this background the applicant points out filing of H.M.P. No. 13/2006 for Restitution of Conjugal Rights by the nonapplicant in the Court of Civil Judge, Senior Division, Biloli in Nanded District. She has pointed out that to attend the said proceedings she is required to go to Delgur and to Biloli, which is not safe. She has further stated that the cases filed by her at Chandrapur are earlier in point of time and the non-applicant being a able bodied person he can very well attend the court at Chandrapur. The non-applicant has filed his reply pointing out provisions of Chapter XXXI Rule 2 of Bombay High Court Appellate Side Rules, 1960 to raise objection that Court at Biloli being outside the jurisdiction of this Bench, such application 6 under section 24 of Civil Procedure Code, ought to have been filed before the Aurangabad Bench, which exercises jurisdiction over Nanded District. Even attention is invited to Chapter I Rule 5 of the Appellate Side Rules, 1960 to urge that Court from which proceedings are sought to be transferred must be subordinate and High Court should have power of superintendence on it. Reasons for transfer put forth by the applicant have been denied, without any specific stand. I have heard Advocate Shri Sirpurkar, Advocate for the applicant - Wife in this matter and Advocate Shri R.N. Ghuge, for nonapplicant . husband.

4. In Misc. Civil Application No. 203 of 2008, the applicant . wife has stated that she is not in a position to fight out the matter at Aurangabad by undertaking travel from Nagpur to Aurangabad, which is of about 12 ho