IMPORTANT POINT
In matrimonial proceedings, the convenience of the wife must be prioritized over that of the husband, especially when considering the transfer of divorce proceedings, taking into account the socio-economic and personal circumstances of both parties.

ORAL JUDGMENT

1. This is an Application seeking transfer of Divorce proceedings filed by the Respondent-husband for dissolution of marriage before the Family Court at Nashik to the Civil Judge Senior Division, Jaysingpur, District Kolhapur.

2. Mr.Akshay Kulkarni, learned Counsel for the Applicant-wife, submits that the marriage between the Applicant-wife and Respondent husband was solemnized on 29th November 2012 at Ankali, Taluka Miraj, District Sangli. That, after marriage, the Applicant-wife and Respondent-husband started cohabiting at the Applicant's matrimonial home at Nashik. It is submitted that on 19th November 2013 a girl child was born out of the wedlock. That, on 27th October 2015, the Applicant-wife was diagnosed with Type 1 Diabetes and that the Applicant-wife was required to take insulin everyday. It is submitted that during the period from the date of solemnization of the marriage till 2nd June 2018, there were several quarrels between the Applicantwife and the Respondent-husband and finally on 2nd June 2018, the Applicant-wife left the matrimonial home and came to stay with her parents at Jaysingpur at her parental home.

3. Thereafter, on 21st August 2019, the Applicant-wife filed proceedings under the Protection of Women from Domestic Violence Act, 2005, before the Judicial Magistrate First Class Court (JMFC) at Jaysingpur for maintenance. The Respondent-husband filed a reply in the said proceedings. After hearing the parties, the JMFC Court has awarded monthly maintenance of Rs.10,000/- for the daughter and a maintenance of Rs.3,000/- for the Applicant-wife, which was until April 2020. That, on 23rd March 2022, the Respondent-husband has filed Divorce proceedings for dissolution of the marriage between the Applicant-wife and Respondent-husband before the Family Court at Nashik.

4. Mr.Kulkarni, learned Counsel for the Applicant-wife, would submit that soon after receipt of the summons, the Applicant-wife has filed this Miscellaneous Civil Application on 13th July 2022 seeking transfer of the Divorce proceedings from the Family Court Nashik to the Court of Civil Judge Senior Division, Jaysingpur.

5. Mr.Kulkarni would submit that the Applicant-wife is residing with her school going daughter and old parents at Jaysingpur. He would submit that although the Applicant-wife is qualified as a Bachelor of Engineering, as of now, she is only looking after her daughter and aged parents and is neither employed nor engaged in any professional work. He would submit that she is dependent on her parents for her sustenance. Learned Counsel would submit that the Applicant-wife is diabetic, which has been admitted by the Respondent-husband in the Domestic Violence proceedings as well as in the reply filed to this Application. That, the distance between Nashik and Jaysingpur is 468 kilometers one way and it would take three days for her to go and come from Nashik. Besides, considering her diabetic condition, she cannot travel alone and has no one to travel with her to Nashik. Additionally, as stated earlier, she also has her responsibility towards her daughter and old parents. The Court of Civil Judge Senior Division at Jaysingpur is ten kilometers away from where she is staying at her parental home. Therefore, the Applicant-wife would not only be inconvenienced by travelling to and fro from Jaysingpur to Nashik but the said travel would also cause undue hardship to her. On the other hand, the Respondent-husband is a Senior Government Officer, having all resources at his disposal to travel to Jaysingpur. Therefore, no such inconvenience would be caused to the Respondent-husband if he has to come to Jaysingpur. Learned Counsel would submit that proceedings before the Nashik Court are at the stage of appearance and counselling.

6. Mr.Kulkarni for the Applicant-wife has relied upon the decision of this Court in the case of Devika Dhiraj Patil nee Devika Jayprakash Buttepatil vs. Dhiraj Sunil Patil,[Miscellaneous Civil Application No.167 o