JUDGMENT :

This is an application filed by the applicant wife under section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of the divorce proceedings filed by the respondent husband before the Family Court at Nashik to the Family Court at Pune.

2. Mr.Hitesh Vyas, the learned counsel would submit that earlier the marriage between the applicant and the respondent was solemnized on 21st February, 2019 at Nashik as per Hindu Vedic Rites and Rituals and the marriage has also been registered. Learned counsel would submit that there is no issue born out of the said wedlock. He would submit that on 29th of October, 2022, which is almost 3 and a half years after the marriage, due to matrimonial discord and differences of opinion, the applicant was compelled to leave the matrimonial home. The applicant was dropped by the respondent at the applicant’s parents’ house at Pune in his car. It is submitted that while dropping the applicant, the respondent had assured her that he would bring her back within a week. The applicant believing in the said promise given by the respondent came to stay in Pune with her parents.

3. That on 23rd of February, 2023, the respondent husband filed a petition for dissolution of the marriage under section 13 (i) (a) of the Hindu Marriage Act, 1955 before the Family Court at Nashik, of which, learned counsel submits, the applicant had no knowledge. Learned counsel submits that it is only on the 6th of April, 2023 when the cousin brother of the respondent came to Pune bringing the KIA car and some of the articles, ornaments and belongings of the applicant, when the respondent informed the father of the applicant that the respondent had filed a petition for divorce against the applicant before the Family Court, Nashik and that the applicant would receive summons in due course of time. Learned counsel would submit that thereafter the applicant through her advocate issued a notice dated 18th April, 2023 to the respondent alleging matrimonial wrongs on the respondent and stating that she was entitled to a decree of divorce from the respondent. That if the respondent wanted to resolve the issues amicably, the applicant would be willing to seek a decree of divorce by mutual consent upon conditions including permanent maintenance of Rs.1 crore. That by communication dated 6th May, 2023, the respondent replied to the said notice through his advocate. Learned counsel would submit that since, after getting the knowledge of the filing of the petition by the respondent, number of months had elapsed and the applicant had not received service of summons with respect to the divorce petition filed in Nashik, the applicant travelled to Nashik on 7th June, 2023 for verifying the same, after which she has received copy of the divorce petition.

4. Learned counsel would submit that the applicant is a lady litigant and cannot travel alone for the purpose of conducting the matter in Nashik since she is staying with her parents at Pune. Learned counsel submits that the applicant will require a male person to escort her from Pune to Nashik for the purpose of conducting the said petition and there is no other male member except her father who has recently undergone an eye surgery and is on medication and also that the doctors have advised fissure and piles surgery to him and therefore the father who is aged cannot accompany her. Learned counsel would submit that it is settled law that in matters of transfer under section 24 of the CPC, the convenience of the wife has to be considered. Referring to reply of the respondent husband, learned counsel would submit that the reference to the income tax returns filed by the applicant and her share in two partnership firms cannot be considered as an independent source of her income in as much as the said investments were made by her father and the applicant was made a partner by him but the business was managed by the father. Learned counsel therefore submits that she does not have her