1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.18 OF 2011 Mrs. Niketa D. Salunkhe ...Applicant. v/s. Mr. Dilip G. Salunkhe ..Respondent. WITH MISCELLANEOUS CIVIL APPLICATION NO.28 OF 2011 Mr. Dilip G. Salunkhe ...Applicant. v. Mrs. Niketa D. Salunkhe ...Respondent. Ms Vidya Gaikwad , adv. For the Applicant in M.C.A.18/2011 and for the respondent in M.C.A.No.28/2011) Mr. Harshal Sathe i/by Suhas Deokar, advs. For the Respondent in M.C.A.No.18/2011 and for the applicant in M.C.A.No.28/2011. CORAM : J.H. BHATIA, J. DATED : JUNE 30, 2011. P.C. 1 Heard. Two cross applications are filed for the transfer of marriage petitions filed by the husband and wife against each other. Husband Dilip Salunkhe filed Hindu Marriage Petition No.625 of 2009 in the Court of Civil Judge Senior Division, Pune for divorce and that matter is pending with that Court for two years. Recently, wife Niketa has filed Hindu Marriage Petition bearing stamp no.192 of 2011 before the Family Court, Bandra, Mumbai for restitution of conjugal rights. Wife wants that the petition filed by the husband be transferred from the 2 Civil Judge Senior Division, Pune to the Family Court, Bandra while the husband wants petition filed by the wife, which is latter in time and which was not even registered when these applications were moved, be transferred to Pune. 2 After perusal of the grounds given by both the parties, I am satisfied that interest of the justice will be better sub-served if the petition filed by the wife recently filed is transferred to the Civil Judge Senior Division, Pune. It is the contention of the wife that she has a child of 1 and half year old and, therefore, it is difficult for her to travel from Bombay to Pune. Now Bombay-Pune are well connected and it is hardly a journey of 3-4 hours. She has some relatives also at Pune. At Bombay she is living only with her mother while her father is senior police officer posted elsewhere. It is the question of only expenses of travelling. It is well known that the cost of litigations in the Courts at Bombay is very heavy in comparison to other stations. Petition filed by the husband is already ripe while the petition filed by the wife is still with stamp number and not even registered. If in such circumstances, the earlier petition is transferred to Bombay, disposal of the same will be unnecessarily delayed. 3 Taking into consideration all the facts and circumstances, 3 Miscellaneous Civil Application No.18 of 2011 is hereby rejected and the Miscellaneous Civil Application No.28 of 2011 is allowed and the Marriage Petition bearing stamp no.192 of 2011 filed by Niketa against Dilip stands withdrawn from the family Court at Bandra and stands transferred to the Civil Judge Senior Division, Pune for hearing and disposal alongwith the Marriage Petition No.625 of 2009. The trial Court shall expedite the hearing and dispose off both the petitions as early as possible and preferably within six months. Trial Court shall not insist upon personal appearance of the wife unless it is absolutely necessary for the trial or the disposal of the matter. As and when wife will be required to attend the Court, she will be entitled to cost of Rs.2,000/- per date to meet traveling expenses for herself and her mother, who may accompany her. (J.H. BHATIA,J.)