: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.105 OF 2008 ALONGWITH MISCELLANEOUS CIVIL APPLICATION NO.168 OF 2009 Sarika Gopal Singhania .. Applicant V/s. Gopal Omprakashji Singhania .. Respondent Ms. Deepashree Raorane for the Applicant. Mr. Nilesh V. Bhatekar for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 4 TH DECEMBER, 2009. P.C.: 1. These two Miscellaneous Civil Applications have been filed by the applicant for transfer of the proceedings which are pending in the District and Sessions Court, Yavatmal to the Family Court, Bombay at Bandra. The Miscellaneous Civil Application No.105 of 2008 has been filed for transfer of the custody application being Application M.J.C. No.27 of 2008 pending in the Court of District and Sessions Judge, Yavatmal. Miscellaneous Civil Application No.168 of 2009 has been preferred for transfer of the Petition No.108 of 2008 filed by the respondent in the Court of : 2 : Civil Judge, Senior Division, Yavatmal for restitution of conjugal rights. 2. The applicant has filed Petition bearing No.A-606 of 2008 under Section 13(1)(ia) of the Hindu Marriage Act. The applicant has stated in her applications that she has no means to earn her livelihood and is now taking care of her daughter’s education in Mumbai. Her daughter has been admitted to a School in Chembur, Mumbai. She, therefore, states that it is difficult for her to travel to Yavatmal every now and then and prays that the aforesaid two proceedings pending in the District Court, Yavatmal be transferred to Family Court, Mumbai. 3. In my opinion, the Miscellaneous Civil Applications filed by the applicant must be allowed since it would be inappropriate to have the application for restitution of conjugal rights and the Divorce Petition decided by two different Courts. The possibility of a conflicting decision in both the matters cannot be ruled out, if the : 3 : matters are not transferred to the Family Court, Mumbai. 4. Therefore, the Miscellaneous Civil Applications are allowed in terms of prayer clauses (a). 5. Accordingly, the Application M.J.C No.27 of 2008 pending in the Court of District and Sessions Judge, Yavatmal shall be transferred to the Family Court, Mumbai and shall be heard alongwith Petition No.A-606 of 2008. Similarly, Petition No.108 of 2008 pending before the Civil Judge, Senior Division, Yavatmal shall be transferred to the Family Court, Mumbai to be heard alongwith Petition No.A-606 of 2008. 6. The Miscellaneous Civil Applications are disposed of. .......