1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.126 OF 2008 Subhash Somnath Burud : Applicant. versus Sau Nirmala Subhash Burud : Respondent. Shri Sachin R Pawar for the Applicant Shri V K Pradhan for the Respondent. WITH MISCELLANEOU CIVIL APPLICATION NO.12 OF 2009 Sau Nirmala Subhash Burud : Applicant. Versus Subhash Somnath Burud : Respondent. Shri V K Pradhan for the Applicant Shri Sachin R Pawar for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 10, 2009 P.C. 1. Misc. Civil Application No.126 of 2008 has been filed by the husband and Misc. Civil Application No.12 of 2009 has been filed by the Wife. 2 2. By the 1st Application i.e Misc. Civil Application No.126 of 2008, the husband seeks transfer of Hindu Marriage Petition No.539 of 2008 filed by the wife under Section 13(i)((a) of the Hindu Marriage Act from the Court of the learned Civil Judge, Senior Division Kalyan to the Court of the learned Civil Judge, Senior Division Pune. 3. By the 2nd Application i.e. Misc.Civil Application No.12 of 2009 the Applicant-Wife seeks transfer of Hindu Marriage Petition No.224 of 2008 filed by the husband from the Court of Civil Judge, Senior Division, Pune to the Court of Civil Judge, Senior Division Kalyan 4. In so far as the 1st Application is concerned, except stating that it would be highly inconvenient for the Applicant-Husband to attend the Court at Kalyan, there is no other material on record. The husband is working as a driver with the Maharashtra State Road Transport Corporation at Pune. 5. In so far as 2nd Application is concerned, the ground on 3 which the transfer is sought is that the Applicant-Wife has a three and half years old son and, therefore, it is not possible her to travel to Pune and to attend the hearing of the Hindu Marriage Petition filed by the husband. The Applicant-wife is also a house wife and has no source of income. 6. As settled by a number of judgments of the Apex Court as well as this Court, the convenience of the wife being a primary concern in such matters and considering the fact that the Applicant- wife has a three and half years old son, in my view, it would be just and proper to allow the Misc. Civil Application No.12 of 2009 transferring the Hindu Marriage Petition No.224 of 2008 from the Court of the Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Kalyan. Resultantly the Misc. Civil Application No.126 of 2008 filed by the husband would have to be rejected. Hence the following order :- :ORDER: (i) The Misc. Civil Application No.12 of 2009 is accordingly allowed. The Hindu Marriage Petition No.224 of 2008, filed by the 4 husband, would stand transferred from the Court of the Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Kalyan. (ii) The Misc. Civil Application No.126 of 2008 filed by the husband is accordingly rejected. [R.M.SAVANT, J]