1 W.P. NO. 2262/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2262 OF 2010 Sau. Kiran w/o Ram Gaikwad, Age 26 years, Occ. Household, R/o Itlapur (De), Taluka and District Parbhani, at present resident of Poos, Taluka Ambajogai, District Beed. ... PETITIONER VERSUS Ram s/o Ashruba Gaikwad, Age 31 years, Occ. Agri., R/o Itlapur, Taluka and District Parbhani ... RESPONDENT ..... Shri S.S. Thombre, Advocate for the petitioner Shri S.T. Shelke, Advocate for the respondent ..... CORAM : A.A. SAYED, J. DATE : 8th December, 2010 ORAL JUDGMENT : 1. Heard. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, taken up for final hearing at admission stage. 2. By this petition, the petitioner wife has prayed that the proceedings being H.M.P.No.123/2009 pending before the Civil 2 W.P. NO. 2262/2010 Judge, Senior Division, Parbhani, filed by the respondent husband may be transferred to the Court of Civil Judge, Senior Division, Ambajogai, District Beed, by invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India and Section 24 of the Code of Civil Procedure, 1908. 3. The dispute is a matrimonial dispute between the husband and wife. The petitioner - wife is now residing at Ambajogai, District Beed with her parents. The petitioner - wife has filed the proceedings being H.M.P. No.87/2009 for divorce in the Court of Civil Judge, Senior Division, Ambajogai, District Beed. The respondent – husband, on the other hand, has filed a petition for restitution of conjugal rights being H.M.P.No.123/2009, which is pending before the Civil Judge, Senior Division, Parbhani. It is stated that the petitioner - wife at present is staying with her parents at Ambajogai and it is very inconvenient for her to attend the proceedings at Parbhani and she is suffering a lot of hardship and as she is dependent on her parents and she does not have sufficient money to travel to attend the Court at Parbhani. It is stated across the bar that the distance between Beed and Parbhani is above 150 Kms. 3 W.P. NO. 2262/2010 4. Learned counsel for the petitioner has relied upon the decision of the Apex Court in the case of Sumita Singh, Vs. Kumar Sanjay and another, reported in AIR 2002 Supreme Court 396, wherein a similar fact situation, the Hon'ble Supreme Court was pleased to transfer the matter for the convenience of the wife. 5. Considering the fact that the petitioner - wife is residing at Ambajogai, District Beed, where the proceedings filed by the petitioner - wife for divorce is already pending, in the interest of justice, I am inclined to grant the prayer of the petitioner wife. Writ Petition is, therefore, allowed and rule is made absolute in terms of prayer clause (B) which reads as under : "The proceedings bearing its H.M.P. No.123/2009 pending before the Civil Judge, Senior Division, Parbhani may kindly be transferred to the Civil Judge, Senior Division, Ambajogai and for that purpose issue necessary orders." 6. Both the proceedings i.e. H.M.P. No.87/2009 filed by the petitioner - wife for divorce in the Court of Civil Judge, Senior Division, Ambajogai, District Beed and the H.M.P. No.123/2009 filed by the respondent - husband on transfer from the Court of Civil Judge, Senior Division, Parbhani shall be heard together by the 4 W.P. NO. 2262/2010 learned Civil Judge, Senior Division, Ambajogai, District Beed. The learned Judge is directed to dispose of both the proceedings as expeditiously as possible and in any event within a period of one year from the date of the receipt of the proceedings by the Court at Ambajogai, District Beed. 7. Registrar of this Court to communicate this order to the Court at Ambajogai, District Beed and the Court at Parbhani. A.A. SAYED JUDGE