: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.67 OF 2009 Anjali Jayesh Pathak & Ors. ... Applicants V/s. Jayesh Gajanan Pathak ... Respondent Mr.Vinod Jadhav for Applicants Ms.Anjali Uthale i/b S.S. Kulkarni for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 29, 2010 P.C.: 1. The applicants have preferred the present application for a transfer of the proceedings being Hindu Marriage Petition No.45 of 2008 which is pending before the Civil Judge, Senior Division, Shahada to CJSD, Sangli. This petition has been filed for restitution of conjugal rights and for the custody of applicant Nos.2 and 3. The applicant No.1 and respondent were married on 14.2.1993 in Sangli. According to the applicants, they were driven out by the respondent and are now staying with the parents of applicant No.1. The respondent had filed Hindu Marriage Petition No.4 of 1999 for judicial separation. He also prayed for interim custody of the children. The petition was dismissed for default on 7.8.2001. No application was made by the respondent to restore that application. It appears that the applicants filed Special Civil Suit No.29 of 2004 before the CJSD, Sangli for maintainance. Notice was served on the respondents and he has appeared through an advocate on 23.6.2008. It appears that thereafter the respondent filed Hindu Marriage Petition No.45 of 2008 in Shahada for restitution of conjugal rights and for custody of applicant Nos.2 and 3. : 2 : 2. The trial Court at Sangli has directed the respondent to pay interim alimony to the applicants of Rs.7,000/-. This order was passed after the Hindu Marriage Petition was filed by the respondent in Shahada. It is submitted on behalf of the applicants that the respondent has preferred the application in Shahada only as a counter blast to the application for maintainance filed by them in Sangli. It appears that applicant No.2 is 15 years of age and is in the 10th standard while applicant No.3 who is of 14 years of age is in 9th standard. The applicant therefore contends that it is difficult to travel all the way to Shahada to attend the proceedings before the Court there. It is also submitted that in any way the respondent travels to Sangli to attend the maintainance proceedings which are filed against him and are pending in the Court at Sangli. 3. It is submitted on behalf of the respondents that it would be difficult for him to travel to Sangli in view of the fact that he has to look after his aged parents. It is further submitted that the mother of the respondent is suffering from spondillitis and the father is suffering from a fracture of his femer bone. All these submissions have been raised without there being any affidavit on record. There is no material at all on record to indicate that the respondent would be inconvenienced if an order for transfer is passed. In any event, it is now well settled that the convenience of the wife must be considered to be paramount and not that of the husband. 4. In these circumstances, the Miscellaneous Civil Application is allowed in terms of prayer clause (a).