The comparative assessment of inconvenience caused to the parties influenced the court's decision to transfer all pending proceedings to Mangrulpir.

JUDGMENT

1. Admit. Heard finally by consent of learned Advocates for the parties.

2. These three applications are between the same parties and therefore can be disposed of by this common order.

3. The Criminal Application No.86/2021 is filed by husband seeking transfer of PWDVA Application No.07/2021 filed by wife and pending before learned Judicial Magistrate First Class, Manora, District Washim to the Court of Judicial Magistrate First Class, Nagpur. MCA (Transfer) No.309/2021 is filed by wife seeking transfer of divorce proceeding i.e. HMP Petition No.261/2020 pending before Family Court at Nagpur to the competent Court at Mangrulpir, District Washim. MCA (Transfer) No.212/2022 is filed by applicant-husband seeking transfer of restitution proceedings i.e. Marriage Petition No.67/2021 filed by wife in the competent Court at Mangrulpir District Washim to the competent Court at Nagpur.

4. The husband is working at Seattle, United States of America. For attending the Court matters at Mangrulpir and Manora, he has to travel all the way from Seattle USA to Nagpur and from Nagpur to Mangrulpir and Manora. It is stated that in D.V. Act proceedings, all his family members, who are residing at Nagpur have been arrayed as non-applicants. It is stated that wife would alone be required to attend the proceedings at Nagpur. He is ready to bear the travelling charges of the wife to attend the Court. It is therefore, submitted that considering inconvenience likely to be caused to the husband, the proceedings pending at Manora as well as Mangrulpir may be transferred to the Court of competent jurisdiction at Nagpur.

5. The wife has opposed the application. She has reiterated the facts stated by her in her application for transfer bearing MCA No.309/2021. The wife has narrated the incident of ill treatment and harassment to her. According to the wife, proceeding initiated at Nagpur is malafide. She is residing at Poharadevi, Taluka Manora District Washim, which is around 450 k.m. from Nagpur. It is stated that she is having 3 1/2 years old son. She finds it very difficult to travel to Nagpur. The distance between Mangrulpir and Poharadevi is 35 k.m. She can conveniently attend the Court at Mangrulpir. The distance between Manora and Mangrulpir is 32 k.m.

6. I have heard learned Advocates for the parties and perused the record and proceedings.

7. Learned Advocate for the husband submitted that husband is ready to pay Rs.10, 000.00 towards expenses for every appearance of the wife before the Court at Nagpur, if this Court is inclined to transfer the proceedings pending at Manora and Mangrulpir to Nagpur. Learned Advocate submitted that the convenience of the husband and the family members of the husband is required to be considered. It is submitted that as and when the husband is required to attend the Court proceedings, he is required to first come to Nagpur and from Nagpur to go to Mangrulpir and Manora.

8. Learned Advocate for the wife submits that inconvenience caused to wife to attend Nagpur is more than the inconvenience sought to be placed on record by husband. Learned Advocate submits that criminal prosecution under Sec. 498 A of the Indian Penal Code is pending against the husband and other relatives in the Court of Judicial Magistrate First Class at Manora. Learned Advocate submits that travelling to Nagpur with 3 1/2 years child would be most inconvenient. Learned Advocate submits that wife alone would not be able to travel to Nagpur. She would always be required to carry one male family member with her.

9. In order to appreciate the inconvenience sought to be asserted by both the parties. I have minutely perused the record and proceedings. It is to be noted that Mangrulpir is directly connected to Nagpur via Samruddhi High Way. One can hardly reach Mangrulpir from Nagpur by road within 2 1/2 hours. Manora is at the distance of 32 km from Mangrulpir. One has to come to Nagpur from Manora via Digrus, Yavatmal and Wardha. In my view, the inconv