JUDGMENT : This application under section 24 of the Code of Civil Procedure is filed for transfer of Hindu Marriage Petition No. 244/2016 pending on the file of learned Civil Judge, Senior Division, Panvel to the file of learned Civil Judge, Senior Division, Chandrapur. 2. The facts giving rise to the application may be stated in nutshell as under : (i) Applicant is wife of non-applicant. Marriage between duo was solemnized on 21-11-2011. The couple have a daughter Palak, aged about 5 years. It is the case of applicant that she was often harassed by the husband on demand of money. She along with daughter residing at her parental house at Chandrapur. (ii) It is stated that in the year 2015, applicant suffered cardiac arrest. She was admitted to Fortis Hospital at Vashi, Navi Mumbai. It is stated that an AICD device with pacemaker was required to be implanted in the heart of applicant. It is submitted that despite serious ailment, non-applicant harassed her physically and exploited sexually. She was required to lodge police reports with Kharghar and Chandrapur Police Stations in this regard. (iii) According to applicant, she is undergoing medical treatment at Chandrapur and Nagpur. Applicant and her daughter filed proceedings under the Domestic Violence Act and the same is pending before the learned Chief Judicial Magistrate, Chandrapur. (iv) It is stated that non-applicant filed a proceeding for restitution of conjugal rights under section 9 of the Hindu Marriage Act before Civil Judge, Senior Division, Panvel. The said proceeding is registered as Hindu Marriage Petition No. 244/2016. Applicant received summons in the said matter on or around 8-8-2016. It is stated that Panvel is at the distance of 860 kms from Chandrapur. Applicant is suffering from serious heart ailment and her medical condition does not permit her to attend the proceedings before Panvel Court. (v) Another ground on which applicant seeks transfer of Hindu Marriage Petition is that due to serious medical problem, though she is LL.B. and an Advocate, she is not in a position to earn her livelihood. It is submitted that father of applicant is 68 years old. He is not in a position to accompany her on account of his old age. Applicant submits that she cannot travel alone having regard to her ailment. She, therefore, seeks transfer of Hindu Marriage Petition pending before Panvel Court principally on the ground of her ailment. 3. It is submitted that father of applicant is 68 years old. He is not in a position to accompany her on account of his old age. Applicant submits that she cannot travel alone having regard to her ailment. She, therefore, seeks transfer of Hindu Marriage Petition pending before Panvel Court principally on the ground of her ailment. 3. Application is seriously resisted by non-applicant vide affidavit-in-reply dated 11-2-2017. The submission is that non-applicant is working and it is not possible for him to travel from Mumbai to Chandrapur. It is submitted that applicant and her parents have a house at Navi Mumbai where they have been living for more than two years and applicant can easily contest the marriage petition from Mumbai. It is submitted that applicant is a qualified professional and there is no question of any financial crunch being faced by her. According to non-applicant, greater hardship would be caused to him in case petition is transferred to Chandrapur, as he is working in a private company and it is very difficult for him to avail leave for attending the Court proceedings at Chandrapur. Non-applicant submits that he has to look after his ailing parents. According to non-applicant no ground for transfer is made out and prays to reject the application. 4. Heard Shri Rohit Joshi, learned counsel for applicant and Shri C.B. Dharmadhikari, learned counsel for non-applicant. 5. Learned counsel for applicant drew attention to the medical reports from 16-2-2015 to 4-8-2016 to submit that applicant is suffering from serious heart disease and it is not possible for her to travel all the way from Chandrapur to Panvel to attend Court proceedings. Learned counsel submits that non-applicant does not dispute that applicant is suffering from heart disease and on this ground alone, Hindu Marriage Petition needs to be transferred from Panvel to Chandrapur. 6. Another submission on behalf of applicant is that due to her serious ailment, applicant is not practicing as an Advocate. She is fully dependent on her aged and ailing father, who is also not in a position to accompany her to Panvel. Learned counsel states that on the identical ground raised by applicant in Criminal Application (Appln) No. 13/2017, learned Single Judge, vide order dated 14-9-2017, allowed transfer of criminal case under section 498-A of the Indian Penal Code to the Court at Chandrapur. Learned counsel states that on the identical ground raised by applicant in Criminal Application (Appln) No. 13/2017, learned Single Judge, vide order dated 14-9-2017, allowed transfer of criminal case under section 498-A of the Indian Penal Code to the Court at Chandrapur. It is submitted that the husband and her relatives also moved Criminal Application Nos. 21/2017 and 22/2017 for transfer of domestic violence case from Chandrapur to Panvel and both the applications have been rejected, vide order dated 14-9-2017. The submission is that out of four proceedings filed between the parties, three proceedings have been brought to Chandrapur and only one has remained at Panvel. 7. Per contra, learned counsel for non-applicant submits that despite her ailment, mobility of applicant is not restricted as she often visits to Mumbai. According to non-applicant, in the recent past, applicant travelled from Chandrapur to Mumbai all the way on twelve occasions without any support. Another contention raised by the learned counsel for non-applicant is that applicant is an advocate at Chandrapur and it is not possible for non-applicant to get proper legal assistance, as applicant is a local practicing lawyer in the district. Learned counsel refers to order dated 5-1-2015 passed in Transfer Petition (Civil) No. 854/2014 by the Hon’ble Supreme Court, wherein the Hon’ble Supreme Court did not find it fit to transfer a case, as petitioner-wife was an advocate and moving around indicating her profession. Learned counsel submits that mere convenience of wife would not be the sole criteria for transfer under section 24 of the Code of Civil Procedure and placing reliance on the judgment of this Court in Smt. Rekha wd/o Late Avinash Raut vs. Shivaji Bhimrao Sapate, 2012(1) Bom.C.R. 847, submits that mere convenience of the parties or any one of them may not be enough for exercise of power. Reliance is placed on the judgment of Punjab and Haryana High Court dated 30-10-2014 in Transfer Application No. 174/2013 to submit that inconvenience of wife alone is not the sole consideration for allowing transfer under section 24 of the Code of Civil Procedure. 8. Admittedly, applicant is residing at Chandrapur. The distance between Chandrapur and Panvel as stated by applicant is 860 kms. Looking to the distance from Chandrapur to Panvel, this Court does not find that submission of applicant that she will be put to hardship for attending the Court proceedings at Panvel is without substance. 8. Admittedly, applicant is residing at Chandrapur. The distance between Chandrapur and Panvel as stated by applicant is 860 kms. Looking to the distance from Chandrapur to Panvel, this Court does not find that submission of applicant that she will be put to hardship for attending the Court proceedings at Panvel is without substance. 9. Non-applicant does not dispute that applicant is suffering from heart ailment. According to non-applicant, ailment does not come in the way of applicant to attend the Court proceedings at Panvel, as otherwise she often visits Mumbai from Chandrapur. Applicant disputes the same and states that under some compelling circumstances she is required to travel to Mumbai. 10. It is significant to note that non-applicant has not seriously disputed medical reports of applicant from 16-2-2015 to 4-8-2016 placed on record. Considering the serious medical ailment, criminal case which was pending before Panvel Court came to be transferred to Chandrapur Court. So far as inconvenience to non-applicant as stated by him is concerned, two criminal applications filed for transfer of domestic violence proceedings from Chandrapur to Panvel have been rejected by the learned Single Judge. 11. The only question which therefore remains to be addressed is whether transfer of petition from Panvel to Chandrapur is to be allowed as applicant is an advocate at Chandrapur and non-applicant would not get proper legal assistance to proceed with his petition. In this connection, additional affidavit has been filed by applicant on 14-8-2017. In paragraph 10 of the affidavit she disclosed name of an advocate representing non-applicant before Chandrapur Court. She has also stated that an advocate representing non-applicant belongs to an office of a very reputed and highly respected lawyer at Chandrapur. She states that an advocate representing non-applicant himself is highly respected figure of the Bar. The specific averments in additional affidavit would clearly negative the contention of non-applicant that he will be deprived of proper legal assistance in case petition is transferred from Panvel to Chandrapur. 12. Further applicant has categorically stated that because of her serious ailment, she is not practicing as an advocate. This has not been denied by non-applicant. In this situation grievance of the non-applicant that he would be deprived of proper legal assistance holds no water. 13. In the above premise, this Court finds that applicant has made out a case for transfer of Hindu Marriage Petition from Panvel to Chandrapur. This has not been denied by non-applicant. In this situation grievance of the non-applicant that he would be deprived of proper legal assistance holds no water. 13. In the above premise, this Court finds that applicant has made out a case for transfer of Hindu Marriage Petition from Panvel to Chandrapur. Application, therefore, deserves to be allowed. Hence, the following order. ORDER (i) Misc. Civil Application No. 870/2016 is allowed. (ii) Hindu Marriage Petition No. 244/2016 pending on the file of learned Civil Judge, Senior Division, Panvel is directed to be transferred from the said Court to the file of learned Civil Judge, Senior Division, Chandrapur. (iii) Non-applicant need not attend the Court on every date and he can be represented through his lawyers. However, on material dates, as and when required, non-applicant shall attend the Court at Chandrapur. (iv) No order to costs. Application allowed.