1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. MISC CIVIL APPLICATION NO. 724/2010 Sham Sudhakar Joshi .versus. Mrs. Rupali Sham Joshi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Cou rt's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G.Kulkarni, counsel for Applicant Shri P.R.Kate, counsel for respondent. CORAM : R.K.DESHPANDE, J. DATE : 31 st AUGUST, 2010 P.C. Admit. Heard the matter finally by consent of parties. 1] This application is preferred by the petitioner/husband, who has filed HMP No. A- 561/2008 against the respondent/wife in the Family Court at Nagpur. The petition is under Section 12 of the Hindu Marriage Act. The respondent/wife has filed HMP No.151/2008 for restitution of conjugal rights under section 9 of the said Act, which is pending in the Court of Civil Judge, Senior Division, Buldhana. 2] By this application, the transfer of HMP No. 151/2008 is sought by the petitioner/husband from the Court of Civil Judge, Senior Division, Buldhana, to the Family Court at Nagpur and for 2 trying the same along with HMP No. A-561/2008. 3] Shri Kulkarni, learned counsel appearing for the petitioner/applicant submits that by an order dated 2.12.2008, the respondent/wife has been granted maintenance pending the proceeding at the rate of Rs.1000/- per month and the petitioner is paying the same regularly. He further submits that the Family Court at Nagpur has granted travelling expenses of Rs.1,000/- to the non-applicant/wife for every trip to Nagpur for attending the cases. This was by an order dated 25.03.2009. According to the petitioner, the doctors from Nagpur are required to be examined in the proceedings under Section 12 instituted by the petitioner. Hence, in order to avoid conflicting judgment, if the proceedings at Buldhana are transfered to Nagpur, no prejudice could be caused to the respondent. 4] Shri Kate, learned counsel appearing for the respondent/wife has urged that the convenience of the wife is required to be considered in matrimonial proceedings while considering the application for transfer. He relies upon the judgment of this Court reported in 2009 (1) Mh.L.J. 303 (Sangamitra Ramakant Royalwar ;vs. Ramakant Gangaram Royalwa. He 3 does not dispute that the respondent/wife is getting Rs.1,000/- per month towards maintenance pending proceedings and also an amount of Rs.1,000/- towards travelling expenses to attend the matrimonial proceedings pending in the Family Court at Nagpur. 5] The wife has not moved the application for transfer. The application is moved by the husband. Hence, the judgment relied upon by Shri Kate is not applicable. There is no other problem disclosed by the respondent/wife for attending the matrimonial proceedings at Nagpur. She is already being paid as above. 6] In view of the aforesaid factual position, no prejudice would be caused to the respondent/wife if the proceedings of HMP NO. 151/2008 pending in the Court of Civil Judge, Senior Division, Buldhana are transferred to the Family Court at Nagpur and the same are tried along with the HMP No. A-561/2008. Hence, the instant writ petition is allowed and the following order is passed. 7] The H.M.P. No. 151/2008 (Sou. Rupali vs. Sham) pending in the Court of Civil Judge, 4 Senior Division, Buldhana is transferred to the Family Court at Nagpur and the same shall be clubbed along with H.M.P. No. A-561/2008 (Sham vs. Sou. Rupali) and shall be decided together. The misc. civil application is thus allowed. No order as to costs. JUDGE Rvjalit