1 MCA 193-09 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.193 OF 2009 Mrs.Ranjana Suresh Singh ..Applicant V/s. Suresh Kumar Singh ..Respondent Mr.Devendranath S. Joshi, Advocate, for the Applicant None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 30TH JULY, 2010 P.C. . This is an Application for transfer of Hindu Marriage Petition No.535 of 2008 pending before the Court of the Joint Civil Judge, Senior Division, Kalyan, District Thane to the Court of the Civil Judge, Senior Division, Pratapgarh, District Pratapgarh (U.P.) on the ground that the Respondent-husband had himself filed Marriage Petition No.250 of 2004 under Section 9 of the Hindu Marriage Act, 1956 before the Court of the Civil Judge, Senior Division, Pratapgarh and Applicant-wife had 2 MCA 193-09 also filed an Application for maintenance under Section 125 of the Code of Criminal Procedure, 1974 being Criminal Application No. 1068 of 2009 before the Court of the Judicial Magistrate First Class, Pratapgarh where she is residing. Notice was issued to the Respondent, who had been represented by an Advocate Mr.H.R.Singh, who had sought an adjournment on 18th February, 2010. Even in the past none appeared for the Respondent when the matter was adjourned on 12th March, 2010 and 19th March, 2010. 2. Heard the learned Counsel for the Applicant. 3. He rightly points out that under Section 23(3) of the Code of Criminal Procedure, 1974, an Application for transfer of Marriage Petition No.535 of 2008 pending before the Court of the Joint Civil Judge, Senior Division, Kalyan, District Thane to the 3 MCA 193-09 Court of the Civil Judge, Senior Division, Pratapgarh, District Pratapgarh (U.P.) would lie before this Court. Since two Petitions between the same parties are pending at Pratapgarh, District Pratapgarh where the Applicant resides, Miscellaneous Civil Application is allowed. Hindu Marriage Petition No.535 of 2008 pending before the Court of the Joint Civil Judge, Senior Division, Kalyan, District Thane is transferred to the Court of the Civil Judge, Senior Division, Pratapgarh, District Pratapgarh (U.P.). (R.C.CHAVAN, J.)