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PETITIONER: SMT. KALPANA DEVIPRAKASH THAKAR

       Vs.

RESPONDENT: DR. DEVIPRAKASH THAKAR

DATE OF JUDGMENT:       04/11/1996

BENCH: B.L. HANSARIA, K. VENKATASWAMI

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T HANSARIA, J.      The petitioner  has  prayed  for  transfer  of  divorce proceedings pending  before  the  Family  Court,  Bombay  to Palanpur in the State of Gujarat. 2.   Being seized with a matrimonial matter, we thought that we should  make efforts to see if the parties can reconcile. For this  purpose we desired appearance of both the parties- in-person. Both  of them  came of  29th October and we heard their views.  It appears  to us  that reconciliation  is not presently possible for one reason or the other. 3.   Insofar as  the prayer  for transfer  is concerned,  we have not  felt inclined  to grant the same for the following reasons:- (a)   The  husband-respondent is  a medical practitioner and so his  absence from  Bombay would  cause difficulty  to his patients also. (b)  His old  and ailing mother lives with him at Bombay who needs frequent medical check-up and constant care. (c)   The witnesses in the case are principality from Bombay as would  appear  from  the  list  of  witnesses  which  was produced to us for our perusal. (d)  Petitioner-wife, has some near relations in Bombay. The petitioner, when  asked about this fact, did not really deny the same.  She, however, stated that they are not very close relatives and  accommodation with  them is insufficient. As, while coming  for the  trial, she  would be required to stay for a  day or  two only  at Bombay,  this is  not a material objection. (e)  The husband  has  undertaken  to  bear  the  travelling expenses of  the wife  as and  when she  would  travel  from Palanpur to Bombay to attend court proceedings. Let him also bear the expenditure of an escort. (f)   Palanpur  is well  connected  by  train  with  Bombay, because of  which the petitioner would not have to face much difficulty in undertaking the journey. 4.    For the abovesaid reasons, the position is dismissed.