The court considered the relative inconvenience faced by both parties and directed the husband to reimburse the wife for her travel expenses, taking into account his disability and financial capacity.

JUDGMENT

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

2. By the present application under Sec. 24 of the Code Civil Procedure, the applicant/wife is praying for transfer of Hindu Marriage Petition (HMP) No A-78/2021, filed by the non-applicant/ husband, from the file of learned Judge, Family Court No.4, Nagpur to the Court of learned Civil Judge, Senior Division, Warora.

3. Heard Mr. Sanket Charpe, learned counsel for the applicant and Mr. A.T. Purohit, learned counsel for the non-applicant.

4. The applicant and non-applicant are husband and wife. Their marriage was solemnized on 1/2/2019 at Chandrapur. It appears that during their matrimony some dispute occurred, resulting into both residing separately. The applicant started residing at Bhadrawati along with her parents. According to Mr. Charpe, learned counsel for the applicant, she approached the Court of learned Judicial Magistrate, First Class, Bhadrawati by filing an application under Sec. 12 of the Protection of Woman from Domestic Violence Act, 2005 against the non-applicant and his family members. The said application came to be registered as Misc. Criminal Application No. 05/2021. It is the submission of the learned counsel for the applicant that it will be highly cumbersome for the applicant to travel from Bhadrawati to attend the proceedings at Nagpur, which are filed by the non-applicant/husband.

5. It is not disputed before this Court about the date of filing of divorce petition by the husband. The divorce proceedings initiated by the husband are prior in time to the filing of Sec. 12 application by the wife.

6. Mr. Charpe, learned counsel for the applicant tried to impress this Court in respect of the distance between Bhadrawati and Nagpur. According to him, the distance is more than 130 kilometers. He also submitted that presently, the applicant is fully dependent on her parents inasmuch as she is not getting any amount of maintenance from the husband.

7. During the course of hearing, it is revealed to the Court that the non-applicant/husband is working as Senior Manager in Bank of India at Nagpur and drawing handsome salary.

8. Mr. A. T. Purohit, learned counsel for the non-applicant/ husband vehemently opposed the application by inviting my attention to the reply and the documents appended along with the reply. The document at Annexure-A appended with the reply, which is at page 71 of the compilation, shows that it is a certificate issued by the Government of India as 'Unique Disability ID'. It shows that the non-applicant/husband is having 90% disability in respect of his eye sight. So, the husband is a 90% blind person. This particular document (Annexure-A) is not disputed by the learned counsel for the applicant by fling any counter.

9. Suffice to say, Mr. Charpe, learned counsel for the applicant submitted that he may be disputing about the percentage, however surely the non-applicant is having the issue of blindness. If that be so, it is crystal clear that the non-applicant is having the issue of blindness and sight. Therefore, in my view, in comparison to the applicant, it will be more cumbersome for the non-applicant to travel from Nagpur to Warora, if his petition is transferred from Nagpur to Warora. So far as question of expenses to be incurred by the wife for attending the proceeding at Nagpur is concerned, it can be taken care of by issuing direction to the husband for reimbursing the same. Therefore, I pass the following order :- ORDER

1. Misc. Civil Application No. 216/2021 is dismissed.

2. However, non-applicant - Pratik Kawadu Karmarkar is hereby directed to pay Rs.2,500.00 to applicant - Sau. Sonali Pratik Karmarkar on every date of attending the proceeding of Petition No. A-78/2021, pending on the file of learned Judge, Family Court No.4, Nagpur.

3. The non-applicant/husband shall pay this amount on every date when the applicant is attending. In case of failure to pay the amount