1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.18 OF 2009 Dr.Sandeep Bhimrao Kore ..Applicant V/s Sou.Snehal alias Nandini Sandeep Kore & anr. ..Respondents Mr.Rajesh More, Advocate, for the applicant Ms.A.R.S.Baxi, Advocate, for the respondent Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 13TH MARCH, 2009 P.C. . By the above Miscellaneous Civil Application, the applicant seeks transfer of Hindu Marriage Petition No.173 of 2007 pending in the Court of Civil Judge, Senior Division, Sangli and also Maintenance Application No.10 of 2007 pending before Judicial Magistrate First Class, Kavathemahankal, District Sangli to the Courts at Pune. 2. The learned counsel for the applicant however, has pressed only for transfer of Hindu Marriage Petition No.173 of 2007 pending before the Civil Judge, Senior Division, Sangli to the Court of the Civil 2 Judge, Senior Division, Pune. 3. The respondent No.1 herein had filed Miscellaneous Civil Application No.37 of 2008 for transfer of the proceedings for divorce filed by the applicant above named from the Court of the Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Sangli. The said application of the respondent No.1 herein i. e. the wife came to be disposed of by directing the applicant herein, who is the respondent in the said Miscellaneous Civil Application No.37 of 2008 to pay the respondent No.1 herein a sum of Rs.1,500/- towards the costs, charges and expenses for attending the Court at Pune and if the applicant is required to stay the night in Pune for any reasons, additional amount which Rs.1500/- per night was to be paid by the applicant herein to the respondent No.1 herein. 4. The petition for restitution of conjugal rights filed by the respondent No.1 herein being Hindu Marriage Petition No.173 of 2007 is pending before the learned Civil Judge, Senior Division, Sangli. 5. In the light of the Order passed in the Miscellaneous Civil 3 Application No.37 of 2008 filed by the respondent No.1 herein, in my view, it would be appropriate to transfer the said Hindu Marriage Petition No.173 of 2007 to the Court of the Civil Judge, Senior Division, Pune to be heard along with Hindu Marriage Petition No.523 of 2006 filed by the applicant herein. In my view, this would be in the interest of both the parties and would be in the interest of the respondent No.1 also. The same is also necessitated to avoid conflict of decisions. The above Miscellaneous Civil Application is, therefore, allowed. Hindu Marriage Petition No.173 of 2007 resultantly to stand transferred to the Court of Civil Judge, Senior Division, Pune to be heard along with Hindu Marriage Petition No.523 of 2006. It is made clear that the Maintenance Application No.10 of 1007 would continue to be heard by the learned Judicial Magistrate First Class, Kavathemahankal, District Sangli. (R.M.SAVANT, J.)