W.P.No.7382 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7382 OF 2011 Sanjay Panditrao Sonawane Age 48 years, Occu.Service, R/o 6,/16-A-5, Dnyandeep Colony, Karvenagar, Pune 411 052 ..Petitioner Versus Gayatri Sanjay Sonawane, Age 44 years, Occu.Household, R/o C/o Pravind Dattatray Gadve, 5250, Juna Bazar, Ahmednagar 414 001 ..Respondent Mr A.P.Bhandari, Advocate for petitioner Mr N.S.Patil, Advocate for respondent CORAM : MRS MRIDULA BHATKAR, J. DATE : 30th September, 2011 ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. This petition is preferred against the order dated 22.7.2011 passed by 5th Joint Civil Judge, Senior Division, Ahmednagar. Petitioner and respondent are husband and wife. Petitioner has filed marriage petition for divorce bearing No.1107 of 2008 in the Family W.P.No.7382 of 2011 2 Court at Pune, which was instituted on 29.11.2008. Respondent-wife filed marriage petition bearing No.360 of 2008 for restitution of conjugal rights at Ahmednagar, which was instituted on 17.12.2008. In the marriage petition in the Family Court at Pune, respondent’s affidavit-in-chief is placed before the Court and he was to be cross examined in the petition for restitution of conjugal rights at Ahmednagar. Evidence of respondent-wife who is a petitioner, is recorded. Thus, both the matters are travelling parallel in the respective Courts. Considering the reliefs claimed by the parties in the marriage petitions, petitioner has moved application under Section 10 of the Code of Civil Procedure praying that the marriage petition, which is filed later in time be stayed till the hearing of the marriage petition, which was filed earlier i.e. at Ahmednagar. Learned Civil Judge, Senior Division, Ahmednagar rejected the said prayer, as the matter was fixed for the evidence and this will protract the trial. 3. The relief prayed in both the petitions, if granted or denied will be conflicting, as the parties are same and the issues involved are substantially same. In view of Section 10 of the Code of Civil Procedure, earlier petition, which is filed earlier to proceed and the later one is required to be stayed. W.P.No.7382 of 2011 3 4. Hence, the writ petition is allowed and order passed by Joint Civil Judge, Senior Division, Ahmednagar dated 22.7.2011 is set aside. 5. Considering the relationship between the parties, and as respondent – wife is staying at Ahmednagar, it will be appropriate to pass the order of providing some financial assistance in her favour when she will travel from Ahmednagar to Pune to attend the Court matter. 6. The petitioner – husband is directed to pay Rs.500/- to respondent – wife towards to and from expenditure of travelling from Ahmednagar to Pune (+) Rs.500/- towards food and other expenses as and when the respondent-wife attends the Court matter at Pune. 7. Family Court, Pune is directed to expedite the matter and complete the trial as far as possible till 15th December 2011. Rule made absolute accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/7382.11wp)