1 mca70 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.70 OF 2010 Dimple Chetan Shah ...Applicant vs. Chetan Tarachand Shah ...Respondent Mr.J.M.Puranik for the applicant None for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 Notice for final disposal was issued on 16th July 2010. None appears for the respondent. The applicant is the wife of the Respondent. 2 The applicant-wife filed a petition in the Court of Civil Judge (Senior Division) Kalyan for dissolution of marriage under the provisions of the Hindu Marriage Act, 1955. The respondent-husband has filed a petition for restitution of conjugal rights under the said Act in the Court of Civil Judge (Senior Division), Malegaon. It is stated that both the petitions are pending. Before the aforesaid proceedings were filed, the applicant has filed an application under section 12 of the Domestic Violence Act,2005 in the Court of Judicial Magistrate (First Class), Kalyan against the respondent. 3 The applicant has stated that she is a resident of Dombiwali, District Thane. The applicant has a minor son who is in her custody. She finds it very difficult and inconvenient to attend the Court at Malegaon, District Nashik. The applicant has a minor son who is residing with her at Dombivali, District Thane. The Respondent- 2 mca70 husband is required to attend the petition filed by the Applicant in the Court at Kalyan in District Thane. Therefore, it is desirable that the petition filed by the respondent is transferred to the Court at Kalyan. 3 Hence, the application is allowed in terms of prayer clause (a). The transferred petition shall be assigned to the same Court in which the marriage petition no.371 of 2010 filed by the applicant is pending. The concerned Court will issue notice to the Respondent after transfer. JUDGE