1 wp-7601 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Writ Petition No.7601 of 2010 Mrs.Vaneeta, wife of Navtej Saini ... Petitioner v/s. Navtej Singh Saini s/o Mehma Singh ... Respondent Mr.D.S. Chandnani i/by M/s.Lexim Associates for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th December, 2010 P.C. : 1.The Petitioner/wife has challenged an order of the Principal Judge, Family Court, Thane, dated 4 th September 2010 staying her divorce Petition. That was because the Respondent/husband filed a Petition for restitution of conjugal rights prior to the divorce Petition in the Court of Mohali, Panjab. The order is passed under Section 10 of the Code of Civil Procedure. Technically, the order is correct. The Petitioner appears also to have filed an application for transfer of the Petition filed by the husband in the Court of Mohali, Chandigarh, Punjab. That Petition is also rejected as the Family Court would not be empowered to transfer Petition from another Family Court to itself. 2 wp-7601 2.That order is also correct. If the Petitioner desires to have the Petition filed by her husband transferred to the Family Court where she resides she must make a proper transfer application in the competent Court and not before the Family Court. If the transfer is granted on merits, both the Petitions would be consolidated and heard together. If the Petitions remain in different Courts, the first Petition would have to proceed first under Section 10 of the Code of Civil Procedure. 3.Counsel for the Petitioner argues that in the Petition interim reliefs are also prayed but are not granted. Interim reliefs would be granted if the application for interim reliefs is made out separately on merits, served upon the Respondent, his say is considered and an order is passed. Until that is done, no interim relief also can be granted to the Petitioner. 4.Consequently, this Writ Petition is misconceived and is dismissed. (SMT.ROSHAN DALVI, J.)