1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.99 OF 2008 Mrs.Sangita Rakesh Kanojia : Petitioner versus Shri Rakesh Babulalji Kanojia : Respondent. Shri M S Karnik for the Petitioner. Shri B G Vaidya for the Respondent.. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 25, 2009 P.C. 1. By the above Misc. Civil Application, the Applicant prays for transfer of Hindu Marriage Petition No.59 of 2008 from the Court of the learned Civil Judge, Senior Division, Vasai, to the Court of the learned Civil Judge, Senior Division, Nashik wherein the Applicant is residing. 2. The Applicant and the Respondent were married on 7/12/2001 and out of the said wedlock a son is born on 23/6/2003. 2 The relations between the parties got strained resulting in the Applicant leaving the matrimonial home and shifting to Nashik to stay with her brothers. The Respondent has filed Hindu Marriage Petition No.59 of 2008 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. The transfer of the said Hindu Marriage Petition is sought on the ground of inconvenience as the Applicant has a 6 year old son and the travel time between the Nashik and the Vasai is about 5 to 6 hours. 2. On the other hand, it is the case of the Respondent that he is working in Mumbai and all the witnesses are also from Vasai and, therefore, the transfer would cause serious inconvenience to him in prosecuting the said Hindu Marriage Petition. It is further the case of the Respondent that the Applicant has also engaged a lawyer who is representing her in Vasai Court and therefore no prejudice would be caused to her. 3. In my view, considering the facts and circumstances of the case, no relief can be granted to the Applicant. The above Misc. Civil 3 Application is accordingly dismissed. However, the Respondent is directed to pay sum of Rs.1,000/- to the Applicant for every date of which she has to attend the Court at Vasai. The amount to be paid on the day when she attends the Court at Vasai. The learned Civil Judge, Senior Division, Vasai may endeavour to dispose of the said Hindu Marriage Petition No.59 of 2008 by 31st December 2009. [R.M.SAVANT, J]