JUDGMENT Z. A. Haq, J -Heard. Rule made returnable forthwith. 2. The applicant (wife) has filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the proceedings of the Hindu marriage petition filed by the nonapplicant (husband) under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 and pending at Amravati, to Nagpur. The applicant (wife) seeks transfer of the proceedings on the ground that she is not having any financial support to meet the expenses of attending the proceedings at Amravati, as she is only getting Rs. 1000/ towards maintenance from the nonapplicant (husband) and that too after pursuing the proceedings for grant of maintenance. According to the applicant (wife), she had filed the proceedings under Section 125 of the Code of Criminal Procedure before the Family Court, Nagpur which proceedings are decided and as the nonapplicant (husband) is not paying maintenance regularly, she is required to file the execution proceedings vide Petition E.R. No. 300013/2015 which are pending before the Family Court, Nagpur and which are being attended by the nonapplicant. 3. The application is opposed by the nonapplicant on the ground that he is suffering from polio and is physically challenged, which is a major hurdle for him to undertake travelling. According to the nonapplicant (husband), inspite of decree for restitution of conjugal rights, the applicant (wife) is not willing to stay with him and therefore, the nonapplicant is constrained to file the petition praying for decree for dissolution of marriage. It is submitted that the nonapplicant is not attending the proceedings before the Family Court, Nagpur and his lawyer is attending the proceedings on his behalf. 4. After examining the rival submissions, I find that the prayer of the applicant for transfer of the proceedings from Amravati to Nagpur is justified. 5. Hence, the following order is passed: O R D E R a) The proceedings of H.M.P. No. 107/2015 filed by the nonapplicant and pending before the Family Court, Amravati are transferred to the Family Court, Nagpur. b) The applicant and the nonapplicant shall attend the proceedings before the Family Court, Nagpur on 17/04/2018. c) The Family Court shall dispose the proceedings d) The applicant (wife) will not be entitled for any interim maintenance in the proceedings of H.M.P. No. 107/2015. The application is allowed in the above terms.
b) The applicant and the nonapplicant shall attend the proceedings before the Family Court, Nagpur on 17/04/2018. c) The Family Court shall dispose the proceedings d) The applicant (wife) will not be entitled for any interim maintenance in the proceedings of H.M.P. No. 107/2015. The application is allowed in the above terms. In the circumstances, the parties to bear their own costs.