: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.97 OF 2009 Poonam Duttatraya Bankar ... Applicant V/s. Duttatraya Bankar ... Respondent Mr.Rajesh More for Applicant Mr.S.J. Ghogare for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 12, 2010 P.C.: 1. The Miscellaneous Civil Application has been preferred for transferring the proceedings being Marriage Petition No.402 of 2009 pending before the Civil Judge Senior Division, Thane to the Civil Judge Senior Division, Pune. The applicant was married to the respondent on 14.5.2006. The applicant contends that she was subjected to both mental and physical cruelty. The applicant is now living with her mother in Pimpri, Pune. An application under Protection of Women from Domestic Violence Act has has been filed by the applicant which is pending before the Court in Pimpri. The respondent has filed the petition under the Hindu Marriage Act u/s 13(1) (i)(a) and 13(1)(i)(b) for divorce. An application has also been filed by the applicant for restitution of conjugal rights which is pending in Pimpri. In these circumstances, the applicant has sought a transfer of the proceedings in Thane to CJSD, Pune. : 2 : 2. For the reasons stated in the miscellaneous civil application, in my view, it would be appropriate to transfer the proceedings as sought. Undoubtedly, the respondent is attending the Court in Pimpri in respect of the application filed under the Domestic Violence Act as well as the Court of C.J.S.D. with respect to the matter relating to the restitution of conjugal rights. In my opinion, no prejudice therefore would be caused to the respondent if the matter is transferred. In any event, propriety requires that the matter be transferred to Pimpri since there should not be divergent decisions taken by two different Judges in respect of the divorce petition and the petition for restitution of conjugal rights. 3. Miscellaneous Civil Application is allowed in terms of prayer clause (b).