1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIIVIL APPLICATION NO.28 OF 2009 Smt.Prerna Haresh Rohra : Applicant versus Haresh Chaturbhuj Rohra : Respondent. Shri R T Lalwani i/by S I Jayekar for the Applicant. Shri Ajeet Manwani for the Respondent. CORAM : R.M.SAVANT, J. DATED : MARCH 20, 2009 P.C. 1. By this Misc. Civil Application, the Applicant prays for transferring the Petition being Marriage Petition No.508/2008 filed by the Respondent in the Court of the Civil Judge, Senior Division at Thane to the Family Court at Bandra, Mumbai. 2. The marriage of the Applicant/wife and the Respondent/husband was solemnized on 3rd February 2008. Unfortunately, immediately thereafter the marriage started facing heavy weather on account of which the Applicant/Wife had to leave 2 the matrimonial home and start residing initially with her parents at Mira Road. The Respondent/husband filed a petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Thane being Marriage Petition No.508 of 2008. As mentioned above, it is the transfer of this Petition which is sought for in the above Misc. Civil Application. 3. It is the case of the Applicant that on the various dates that she had to attend the hearing in the Marriage Petition No.508 of 2008 she had been intimidated and threatened at Thane by the family members of the Respondent/husband. It is further the case of the Applicant/Wife that it is inconvenient for her to attend the Court at Thane as she is working in a Call Center at Malad, Mumbai and on account of her job she has shifted to her grand-parents' house in Malad, Mumbai. It is further her case that since she has also filed a Petition for judicial separation being Petition No.A-107/09 in the Family Court at Bandra, Mumbai, the said Marriage Petition No.508 of 2008 be therefore transferred to from the Court of Civil Judge, Senior Division, Thane to the Family Court at Bandra so that both the 3 proceedings can be heard and disposed of together so as to avoid a conflict decisions. 4. On the other hand, it is contended on behalf of the Respondent/husband that no inconvenience would be caused to the Applicant/wife, if the said Marriage Petition No.508/08 is continued to be heard at Thane as the Applicant/wife in fact has been residing with her parents at Mira Road and the address at Malad has just to be given so as to facilitate the filing of the Petition for judicial separation in the Family Court at Bandra. It is further contended that it is in fact the brothers of the Applicant who have threatened the Respondent on account of which the Respondent was constrained to file complaints to the Police as well as address letters to the higher police authorities. It is therefore contended on behalf of the Respondent that no case has been made out for grant of the reliefs prayed for in the above Misc. Civil Application. 5. Having considered the rival contentions an keeping in mind the well settled principles as applicable in such matters where the 4 Apex Court has laid down that the convenience of the wife is of primary importance, and considering the fact that the Applicant is working in Mumbai and has to travel to Thane, in my view, case for grant of the reliefs prayed for in the above Misc. Civil Application is made out. 6. It would be pertinent to note that the Respondent has to attend the proceedings for judicial separation filed by the Applicant in the Family Court, Bandra, therefore, it would be, in the interest of both the parties, if both the proceedings i.e the proceedings pending in the Court of Civil Judge, Senior Division, Thane and the proceedings filed by the Applicant in the Family Court, Bandra are heard together, the facilities of counselling etc. are also available in the Family Court at Bandra. In my view, if both the proceedings are heard together by one Court a conflict of decisions would also be avoided. 7. Though allegations and counter allegations have been made by the parties in the above Misc. Civil Application, in my view, 5 they are not material or germane to consider the grant of reliefs in the above Misc. Civil Application. The contention of the Respondent that since the Applicant in fact has been staying at Mira Road, she is staying within the jurisdiction of the Court at Thane has also no relevance as also the fact that the Petition filed by the Respondent is prior in point of time. 8. For the reasons mentioned herein above, the above Misc. Civil Application is allowed. The Marriage Petition No.508 of 2008 filed by the Respondent/husband in the Court of Civil Judge, Senior Division, Thane is transferred to the Family Court at Bandra and directed to be clubbed and decided along with Petition No.A-107/09 filed by the Applicant/wife. The above Misc. Civil Application is accordingly disposed of. [R.M.SAVANT, J]