IMPORTANT POINT
In matrimonial proceedings, the convenience of the wife is a paramount consideration when deciding on the transfer of cases under Section 24 of the Code of Civil Procedure.

JUDGMENT/ORDER

1. When the matter is called out, Mr.Arjun Jeswani, learned counsel appears for the Respondent and informs that mediation has failed. Perusal of the record indicates that there is a sealed cover. The learned Sheristedar has opened the sealed cover, which contains the mediation report dtd. 3/10/2023. A perusal of the same indicates that the mediation has failed. The said report is shared with the learned counsel for the parties, and after their perusal, it is taken on record and marked "X" for the purposes of identification.

2. The learned counsel submit that they are ready to proceed with the matter.

3. This is an application seeking transfer of divorce proceedings filed by the Applicant before the Court of Civil Judge, Senior Division, Kalyan to the Court of Civil Judge Senior Division, Pune.

4. Mr.Harshad Rathod, learned counsel for the Applicant would submit that the marriage between the Applicant and the Respondent was solemnized on 11/7/2019 in Chembur, Mumbai as per Hindu customs and rituals and thereafter, the couple started residing at Dombivli. It is submitted that around the first week of August, 2019 the Applicant and the Respondent due to their professional work shifted to Pune and continued to reside at Pune at their matrimonial home.

5. It is the case of the Applicant that in or around 16/12/2021 after man-handling the Applicant, the Respondent left the Applicant and went back to Dombivli for living with his parents.

6. It is submitted that in the circumstances, the Applicant having no other option hired another house at Dighi in Pune to live with her mother.

7. Around 16/4/2021 , the Applicant has filed a non-cognizable police complaint against the Respondent.

8. On 20/1/2022 the Respondent filed divorce petition against the Applicant before the Civil Judge, Senior Division, Kalyan.

9. Mr.Harshad Rathod, learned counsel for the Applicant submits that the wife has filed two proceedings in Pune, one is a First Information Report (FIR) inter-alia under Sec. 498A of Indian Penal Code and also a domestic violence proceeding in Pune. He would submit that the Applicant is a software professional working with Hexaware Technologies and staying with her mother. Learned counsel would submit that as per company policy, the Applicant opted for work from home as her mother had been suffering from cancer. Learned counsel would submit that although she has now recovered, however, the mother has suffered from cancer twice, once in the year 2014 which was cured in the year 2015 and second time in the year 2020 which has also been cured. However, the mother requires monthly follow-up with the doctor and the Applicant not only takes care of the mother at home but also accompanies her for the follow-up sessions. Learned counsel would submit that Applicant has a younger brother but he is not staying with the Applicant and the mother. Learned counsel would submit that travelling from Pune to Kalyan to and fro is about 300 kilometers and there is no one to accompany the Applicant to Kalyan. Learned Counsel submits that travel would also cause physical fatigue to the Applicant. Learned counsel would submit that for the Applicant to travel from Pune to Kalyan every time the matter is listed, would not only be inconvenient in the circumstances of the case but also cause undue hardship. He therefore, submits that the divorce proceedings filed by the husband in Kalyan be transferred to the Civil Judge, Senior Division at Pune.

10. Mr.Arjun Jeswani, learned counsel for the Respondent-husband opposes the application. He refers to the reply dtd. 25/6/2023. Learned counsel would submit that in fact the mother of the Applicant is fit and fine. Learned counsel draws the attention of this Court to pages 78 and 79 of the reply and submits that these are pictures taken of the mother and the Applicant when they had visited Dombivli to procure the stridhan. Learned counsel would submit that on the other hand the Respondent himself had undergone s