1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.80 OF 2008 Priti Amit Bagaria : Petitioner versus Amit Shivkumar Bagaria : Respondent. Ms.Veena Gowda for the Petitioner. Shri A.A.Garge for the Respondent. CORAM : R.M.SAVANT, J. DATED : JANUARY 23, 2009 P.C. 1. The above Misc.Civil Application has been filed by the Petitioner/Wife seeking transfer of Hindu Marriage Petition No.326 of 2008 filed by her from the Court of learned District Judge, Nashik to the 5th Family Court, Bandra at Mumbai. 2. Such of the facts which are necessary to be cited are 2 mentioned thus :- The marriage between the Petitioner and the Respondent was solemnized on 9th February 2007 at Nashik. The marriage started facing heavy weather soon thereafter and various instances of harassment etc have been mentioned by the Petitioner in the above Misc.Civil Application. According to the Petitioner, she was ultimately forced to leave her matrimonial home on 19th April 2007. 3. The learned counsel for the Respondent states that the said allegations made in the above Misc.Civil Application may deem to have been denied by the Respondent. 4. The Petitioner ultimately filed Hindu Marriage Petition No.A- 854 of 2008 for divorce in the Family Court, Bandra at Mumbai. The Respondent has also filed Hindu Marriage Petition No.326 of 2008 for divorce in the Court of learned District Judge, Nashik. It is for the transfer of the said Hindu Marriage Petition No.326 of 2008 filed by the Respondent, that the above Misc.Civil Application has been filed. 3 5. It is the case of the Petitioner that the Hindu Marriage Petition filed by her being Hindu Marriage Petition No.A-854 of 2008 has been filed prior in point of time to the Hindu Marriage Petition No.326 of 2008 filed by the Respondent at Nashik. It is further the case of the Petitioner that attending Court at Nashik entails tremendous difficulties for her and since the Respondent is attending the Hindu Marriage Petition filed by her in Family Court, Bandra at Mumbai, it would be convenient, if both the Hindu Marriage Petitions are heard together by the Family Court, Bandra at Mumbai. 6. On the other hand, it is contended by the learned counsel for the Respondent that the Petition filed by the Respondent at Nashik is in terms of the jurisdiction clause of the Hindu Marriage Act inasmuch as the Petition has been filed by the Respondent at the place where the marriage has taken place and the parties lastly resided. It is further the case of the Respondent that inconvenience to the Petitioner of attending the Court at Nashik can be taken care of by providing expenses of traveling etc to her. It is further the case of the Respondent that there is no need for the Petitioner to attend the said 4 Hindu Marriage Petition No.326 of 2008 at Nashik and she can always engage an advocate. 7. I have considered the rival contentions of both the parties. In terms of Section 19(iii)(a) of the Hindu Marriage Act, 1955, wife can present a petition at the place where she is residing on the date of presentation of the petition. Therefore, the Hindu Marriage Petition filed by the Petitioner in the Family Court, Bandra at Mumbai cannot be said to be filed in a Court which does not have jurisdiction. To avoid a conflict of decisions and since the Respondent is attending the Family Court, Bandra at Mumbai, and since some inconvenience is bound to cause to the Petitioner-wife, if she has to attend the Court at Nashik, in my view, the interest of justice would be served, if the Hindu Marriage Petition No.326 of 2008 filed by the Respondent at Nashik is transferred to the Family Court, Bandra at Mumbai to be heard along with the Hindu Marriage Petition No.A-854 of 2008 filed by the Petitioner. It is well settled by catena of the Judgments of the Apex Court that the inconvenience to the wife is a primary consideration. 5 8. In that view of the matter, the above Misc.Civil Application is required to be allowed and is accordingly allowed in terms of prayer clause (a). 9. The learned counsel for the Petitioner states that the Hindu Marriage Petition No.A-854 of 2008 is to appear on board on 9th February 2009 in the Family Court, Bandra at Mumbai. The learned counsel for the Respondent states that he would instruct the Respondent to appear in the Family Court, Bandra at Mumbai on 9th February 2009 so that both the Petitions can be disposed of expeditiously. It is clarified that the said Hindu Marriage Petitions filed by the Petitioner as well as the Respondent would be decided on their own merits and in accordance with law. All the rights and contentions of the respective parties are explicitly kept open. 10. The above Misc.Civil Application is accordingly disposed of. [R.M.SAVANT, J]