7.MCA.20,48-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.20 OF 2009 Sou.Varsha Nilesh Owhal. ..Applicant. Versus Shri.Nilesh Madhukar Owhal. ..Respondent. ... WITH MISC. CIVIL APPLICATION NO.48 OF 2009 Shri.Nilesh Madhukar Ovhal. ..Applicant. Versus Sou.Varsha Nilesh Ovhal. ..Respondent. .... Mr.K.B. Sonwalkar, Advocate for the Applicant in M.C.A. No.20 of 2009 and for the Respondent in M.C.A. No.48 of 2009. Mr.Sudhir Prabhu, Advocate for the Applicant in M.C.A. No.48 of 2009 and for the respondent in M.C.A. No.20 of 2009. .... CORAM : A.R. JOSHI,J. DATED : 1ST OCTOBER, 2009 P.C.:- 1. Rule. Rule made returnable forthwith. Heard learned Advocates of both sides. 2. Peculiarity of both the present Misc. Civil Applications, which are being disposed by this common order, is that the applicants who are the respective wife and husband, want 7.MCA.20,48-09 2 the matrimonial disputes between them to be taken to one Court of their choice in which they had preferred such marriage petitions. 3. The applicant in first Misc.Civil Applilcation No.20 of 2009 i.e. wife preferred petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. It was filed on 19th July, 2007 before the Civil Judge, Senior Division at Malshiras, District – Solapur and it is bearing H.M.P.No.39 of 2007. She also filed an application No.216 of 2007 before the J.M.F.C. Malshiras, District – Solapur for maintenance under Section 125 of Cr.P.C. The husband who is applicant in another Misc.Civil Application No.48 of 2009 preferred Petition for divorce under Section 13(A) of Hindu Marriage Act on 16th August, 2007 bearing H.M.P. No.186 of 2007. It was filed before the Civil Judge, Senior Division at Vasai, District – Thane. 4. It appears that original petition for restitution of conjugal rights was filed by the wife at Malshiras, whereas immediately within one month’s time of filing of such Petition, the husband preferred Petition for divorce before 7.MCA.20,48-09 3 the C.J.S.D. At Vasai, District – Thane. Apparently, it appears that step taken by the husband is a counter-blast to the Petition of the wife filed for restitution of conjugal rights. Apparently on alleged ground of cruelty and mental harassment the husband wants to break the marriage, whereas it is the endure of the wife that the marriage between them should subsist and she had asked for restitution of conjugal rights. Needless to mention that in such type of matters of matrimonial disputes, it shall be always endure of the Court to see that the marital bond between the husband and the wife should remain and that there should be also discouragement for divorce. Looking to this matter, from this point of view, it appears that the wife is pursuing her application for restitution of conjugal rights along with an application for maintenance at Malshiras, District – Solapur. As against this, it is submitted by the husband - applicant in M.C.A. No.48 of 2009 that his witnesses are from Vasai and it will be difficult for him to get them to Malshiras, District – Solapur during recording of the evidence in the matters, in case, the proceedings 7.MCA.20,48-09 4 between the parties are transferred to Malshiras, District – Solapur. 5. In the opinion of this Court, such sole ground cannot be accepted considering the earlier filed Petition by wife for restitution of conjugal rights before the C.J.S.D. at Malshiras and as that she is staying with her parents and as nobody else is there to support her in Vasai, District – Thane. She is staying at Malshiras along with her young daughter of 4 & ½ years who is also school going child. Considering the effect of this position in totality, it would be in the fitness of situation that the application being M.C.A. No.20 of 2009 preferred by the wife is required to be allowed and the application preferred by the husband being M.C.A. No.48 of 2009 is required to be dismissed. Hence, the order : :: O R D E R :: (i) Misc. Civil Application No.20 of 2009 is allowed. Misc. Civil Application No.48 of 2009 is dismissed. (ii)Hindu Marriage Petition No.186 of 2007 preferred by the husband and pending before the C.J.S.D. at Vasai, District - Thane shall be transferred to C.J.S.D. Malshiras, District – 7.MCA.20,48-09 5 Solapur, to be tried along with Hindu Marriage Petition No. 39 of 2007 preferred by the wife for restitution of conjugal rights. Needless to mention that both the said Petitions should be tried together according to law by C.J.S.D. Malshiras, District - Solapur. (A.R.JOSHI,J)