JUDGMENT :

ABHAY AHUJA, J.

1. This application under section 24 of the Code of Civil Procedure, 1908 has been filed by the wife of the respondent for transferring the Hindu Marriage Petition No. 9 of 2022 filed by the respondent before the Family Court at Kolhapur for divorce to the Court of Civil Judge, Senior Division, Karad.

2. Mr. Kadam, learned counsel for the applicant would submit that the marriage between the applicant and the respondent was solemnized on 5th May, 2009 at Village Ghonasi, Taluka Karad, District Satara, as per Hindu rights and they have a son from the wedlock who was born on 23rd February, 2010. Learned counsel would submit that for one frivolous reason or another, the respondent would physically and mentally torture the applicant and when the applicant had come to her parents’ home at Karad, the respondent has entered into another illegal marriage at Nagpur.

3. Learned counsel would submit that the applicant lives in a village which is approximately 15-20 kms from Karad, has a 12 year school going son, whom she has to look after and no one to escort her for travel to Kolhapur Court. Learned counsel also submits that the distance between Karad and Kolhapur is more than 70 kms one way and therefore it would be rather inconvenient for her to travel to Kolhapur to attend to the matter every time it is listed. It is submitted that the applicant has no source of income and is fully dependent on her parents for her sustenance who are working as farmers earning on daily wage basis and therefore travelling to and from Kolhapur will also cause undue hardship.

4. Learned counsel would submit that the applicant had on 20th January 2021 lodged FIR in Talbeed Police Station, Karad against the respondent and the respondent’s mother for offences under section 498-A, 494, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 of which investigation is pending. Also domestic violence proceeding before the Chief Judicial Magistrate at Karad under the Domestic Violence Act, 2005 is pending. Learned counsel would submit that an application seeking maintenance before the Chief Judicial Magistrate at Karad was also filed earlier and on 14th September, 2022, the Judicial Magistrate has granted interim maintenance of Rs. 7,000/- per month to the applicant and Rs. 3,000/- per month to the son. Therefore, to attend the Kolhapur Court would for these reasons also not be convenient when the dates are fixed before the Magistrate at Karad.

5. Learned counsel would submit that in both the proceedings filed by the applicant, the respondent husband has already been attending the Court at Karad and it would therefore not be inconvenient for him to attend to the Family Court proceedings if they are transferred to Karad.

6. On the other hand, learned counsel for the respondent refers to the reply dated 7th August, 2023 filed on behalf of the respondent and submits that the respondent has no objection if the Family Court proceedings pending in Kolhapur are transferred to the Court of Civil Judge, Senior Division, Islampur rather than Civil Judge, Senior Division in Karad as there is already Special Civil Suit bearing No. 50 of 2021 filed by the applicant before the Court at Islampur where the applicant is seeking specific relief of partition of a land, which suit is pending.

7. Learned counsel would submit that the distance between Karad and Islampur is 40 kms which the applicant is already travelling every time when Special Civil Suit is listed for hearing since 2021. Learned Counsel would refer to the reply and submit that the distance between Kolhapur and Karad is a total of 85 kms; the distance from Kolhapur to Islampur is 45 kms. The time taken to travel from Kolhapur to Islampur and Karad to Islampur is approximately upto one hour. Therefore, it would be convenient to both the Respondent as well as applicant to travel to Islampur. Therefore if the Marriage Petition is transferred to Islampur that would not cause any inconvenience or hards