1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO.81 OF 2009 Mrs.Yamini @ Priyanka Hemant Palve ..Applicant V/s. Shri Hemant Ashok Palve ..Respondent ---- Mr.R.D.Deshmukh for the applicant. ---- Coram : R.S.MOHITE,J Date : 27th July, 2009. PC 1 This is an application for transfer made by the wife. The wife has filed the petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Nashik. The husband has filed the petition for divorce in the Family Court at Bandra. It is contended that both the matters should be heard together. Such matters cannot involve similar issues and the allegations made are opposite to each other. It is then contended that it is very difficult for the wife to come to Bombay. In these matters, parties can appear through their Advocate. It is further contended that there is likelihood of conflicting judgments particularly suit for divorce is decided first in point of time. In my view, decree for divorce cannot be granted unless full opportunity is given to the wife. Therefore, there will be no chance of conflicting judgments if the wife is given full opportunity and the matter is decided on merits after taking into account all the evidence. It may be stated here that the 2 Division Bench has given a time bound schedule for the Family Court to dispose off the divorce petition. In this view of the matter, Misc. Civil Application is rejected. (R.S.MOHITE,J)