JUDGMENT :

1. This application has been filed by the Applicant-wife seeking transfer of Hindu Marriage Petition No.24 of 2021 filed by the Respondent-husband for dissolution of marriage and pending before the Family Court at Alibaug to the Family Court at Pune.

2. Earlier the marriage between the Applicant and the Respondent was solemnized on 5th December, 2017 at Lonawala, Pune as per Jain religious customs as both the parties belong to Jain religion. It is submitted in the application that initially the Applicant-wife and Respondent-husband were staying happily with the mother of the Respondent at Alibaug. However, it is submitted that after few days of marriage, the Respondent and his mother started subjecting the Applicant to cruelty and the Respondent with the help of his mother threw the Applicant out of the matrimonial home due to which she is forced to stay with her parents at Daund. It is submitted that the Applicant is a graduate but unemployed and therefore, has no source of income of her own on the basis of which she can sustain; that she is totally dependent on her old parents who also are not having any source of income. That earlier her father was having only a very marginal source of income.

3. Mr.Kasar, learned counsel for the Applicant would submit that the Applicant is staying with her parents and surviving on the basis of some meagre income that they derive from agriculture although the Applicant has a brother but he resides separately with his family. Learned counsel submits that therefore, the Applicant does not have any source of income of her own to travel from Daund to Alibaug which is 223 kms one way and also does not have any one to accompany her during such travel. Learned counsel would submit that therefore it is not only inconvenient for the Applicant to travel to Alibaug but also would cause undue hardship to her every time the matter is listed in Alibaug Court. Learned Counsel would submit that although she is eagerly desirous of cohabiting with the Respondent-husband, the Applicant has prayed that the matter be transferred to the Family Court, Pune in which jurisdiction the marriage has been solemnized and which would be around 60 to 70 kms for her one way and 150 kms for the Respondent-husband to travel from Alibag to Pune. That the Respondent has several sources of income from different businesses and he would have no difficulty in travelling from Alibaug to Pune. Therefore, he urges the court that the marriage petition pending in the Alibaug Court be transferred to the Family Court at Pune.

4. On the other hand, Mr.Sabrad assisted by Ms.Gracy Saldhana, learned counsel for the Respondent-husband would firstly submit that despite several attempts to amicably settle the matter, the settlement has not gone through due to the adamant nature of the Applicant and it is unlikely that the husband would want to cohabit with the Applicant-wife again. Learned counsel would submit that the Respondent resides in Alibaug; he has a mother who is 56 years old and has many health issues and has been advised complete bed rest and is unable to even do household chores. And if she has to be examined as a witness which she will have to be, then for the Respondent’s mother to travel from Alibaug to Pune would not only be inconvenient but considering her health issues would also cause undue hardship and strain on her body. Learned counsel also submits that the Respondent-husband resides in Alibaug and also carries a business there. Learned Counsel would submit that the Respondent-husband runs an imitation jewellry shop and he would have to keep shop shut which is the only source of his livelihood if he has to travel to Pune every time the matter is listed. Learned counsel would also submit that the stage at which this court had granted interim stay on the proceeding pending in the Alibaug Court was at the stage for evidence which is a fairly advanced stage after filing of the written statement of the wife and that proc