: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.101 OF 2009 Naina Amit Shah ... Applicant V/s. State of Mahrashtra & anr. ... Respondent Mr.C.I. Motgi for Applicant Mr.S.H. Joshi for Respondent No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 12, 2010 P.C.: 1. The application has been filed for transfer of the proceedings which are pending in Palghar to the Family Court at Bandra, Mumbai. The contention of the applicant is that after the marriage she and her daughter are living with her parents since 2008. It appears that the parties could not settle their differences and therefore the applicant has filed the petition under Hindu Marriage Act on 28.4.2008 for divorce on the ground of mental and physical cruelty. That petition is pending before the Family Court at Bandra, Mumbai. Thereafter, Respondent No.2 has filed an application for restitution of conjugal rights u/s 9 of the Hindu Marriage Act. This application is pending in Palghar Court. Summons has been received on 28.8.2009. It appears that the petitioner has been attending the matter in the Court at Palghar. The matter in the Court at Palghar now has proceeded and issues have been : 2 : framed. Evidence is yet to be led in the matter. In these circumstances, the applicant has sought a transfer of the proceedings to the Family Court, Mumbai. 2. In my view, it would be appropriate to transfer the proceedings pending before the C.J.S.D., Palghar to the Family Court, Bandra, Mumbai. This is because the divorce petition filed by the applicant is also pending in the Family Court. It would be appropriate not to have the two petitions dealt by two different judges since the risk of having divergent orders would be minimised. 3. Accordingly, the Miscellaneous Civil application is allowed in terms of prayer clause (a).