1 72 mca.93.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 93 OF 2010 Sou. Suvarna Kishor Nikunde. ... Applicant Versus Kishor Jaywant Nikunde. ... Respondent ----- Mr. S.Chaudhari i/b V.S.Talkute for the Applicant. Mr. S.V.Sadavarte for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 01 st April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The Applicant and the Respondent are the wife and husband. The Applicant is a resident of Malshiras, District Solapur and the Respondent is a resident of Jejuri, Taluka Purandhar, District Pune. In March 2010, the Applicant has filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The said petition was filed in the Court of Civil Judge Senior Division at Malshiras. 2 72 mca.93.10 In April 2010, the Respondent filed a petition for divorce in the Court of Civil Judge Senior Division at Pune. Prayer in this application is for transfer of the petition filed by the Respondent to the Court at Malshiras. The ground on which the transfer is sought is that the distance between the Malshiras and Pune is 165 kilometers and due to the fact that her father is ailing, there is no one to accompany the Applicant for attending the Court at Pune. The learned counsel appearing for the Respondent opposes the prayer for transfer. He submitted that the Respondent is ready and willing to pay the necessary amount to enable the Applicant to undertake travelling from Malshiras to Pune and therefore, it is not necessary to pass an order of transfer. 3 I have considered the submissions. The petition for restitution of conjugal rights filed by the Applicant is prior in point of time. The Respondent is contesting the said petition and therefore, in any event, the Respondent will have to attend the Court at Malshiras. It is desirable that both the petitions should be heard together. The Respondent has not applied for transfer. Hence, a case is made out for 3 72 mca.93.10 passing order of transfer. 4 Accordingly, the application is allowed in terms of prayer clause (a). [ A.S.OKA, J ]