1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. M.C.A.NO.18/2009 Sow. Deepali w/o Bharat Kusundal. ..Applicant. V E R S U S Bharat s/o Sadasivsa Kusundal. ..Respondent Shri Sonvlkar Advocate for the applicant. Shri S.S.Nirkhee, Advocate for the respondent. CORAM : R. K. DESHPANDE, J. DATE : 13TH NOVEMBER, 2009. PER COURT :- 1. Heard Shri Sonvalkar, learned counsel for the applicant and Shri S.S. Nirkhee learned counsel for the respondent. Admit. Heard by consent of parties finally. 2. This application seeks transfer of Hindu Marriage Application No. 45/2009 filed by the respondent-husband which is pending in the Court of Civil Judge Senior Division, Jalna to the Court of Civil Judge Senior Division, Aurangabad. It is not disputed that applicant-wife has filed petition No. 163/2009 for divorce on the ground of cruelty in the court of Civil Judge S.D. Aurangabad. Same is pending for adjudication. It is also not in dispute that respondent - husband has filed petition no.45/2009 for restitution of conjugal rights in the Court of Civil Judge Senior Division, Jalna. Even if, petition No. 45/2009 filed by the husband at Jalna is first in point of time, he will have to 2 come to Aurangabad to attend the marriage petition filed by the wife for divorce on the ground of cruelty. 2. The applicant has stated in the application that respondent has been threatening to her while she was attending the proceedings at Jalna. It is further contended that going to Jalna to attend the proceedings is not convenient to her. Keeping in view the averments made in the application and fact that two separate proceedings are pending before two different courts in between the same parties, it is desirable to transfer Hindu Marriage Petition No.45/2009 filed by the respondent-husband in the Court of Civil Judge Senior Division, Jalna to the Court of Civil Judge Senior Division, Aurangabad. It cannot be disputed that while considering the application for transfer convenience of the wife has to be looked into. Wife resides at Aurangabad therefore the proceedings are required to be transferred at Aurangabad, 3. In the result, application is allowed. Hindu Marriage Petition No. 45/2009 pending in the court of Civil Judge Senior Division Jalna, filed by respondent-husband shall be transferred to the Court of Civil Judge Senior Division, Aurangabad and same shall be tried along with petition no.163/2009 filed by the applicant-wife. Petition is thus allowed. No order as to costs. ( R. K. DESHPANDE, J.) ..... aaa/18.09