1 109 mca.104.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 104 OF 2010 Mrs. Neha D. Gunjal. ... Applicant Versus Dattatraya Namdev Gunjal. ... Respondent ­­­­­ Mr. Surel Shah for the Applicant. Mr. Pankaj Deokar i/b Mr.R.S.Kate for the Respondent. ­­­­­ CORAM : A.S.OKA, J. DATE : 24 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. 2 The Applicant is the wife of the Respondent. The Applicant is a resident of village Chikhalthan, Taluka Karmala, District Solapur. The Respondent is a resident of Mumbai. 3 The Applicant filed a petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division at Barshi. The Respondent has filed a petition in the Family Court at Bandra against the Applicant for 2 109 mca.104.10 divorce. The petition filed by the Applicant­wife for restitution of conjugal rights is pending in the Court of the learned Civil Judge, Senior Division at Barshi. The prayer in this application is for transfer of the petition filed by the Respondent in the Family Court at Mumbai to the Court at Barshi. The transfer is sought basically on the ground that the Applicant is the resident of village Chikhalthan, Taluka Karmala, District Solapur, and that it is very difficult and inconvenience for her to attend the proceedings pending in the Family Court at Mumbai. The learned counsel appearing for the Respondent submitted that in the petition filed by the Applicant, interim maintenance has been granted. He submitted that the Respondent is in police service and is a member of Anti Terrorist Squad and therefore, it is difficult for him to attend the Court at Barshi. 4 One proceeding filed by the Applicant is pending with the Court at Barshi where prayer is for restitution of conjugal rights. The Respondent is contesting the said proceeding. The subsequent petition filed by the Respondent for divorce in the Family Court in Mumbai will have to be heard alongwith the first petition and hence it deserves to be transfered to the Court at Barshi. If the Respondent has any genuine difficulty in attending the Court at Barshi on a particular date due to exigencies of nature of his employment, it is obvious that the learned trial Judge will grant necessary accommodation to the Respondent considering the duties of the Respondent. 3 109 mca.104.10 5 Hence, application deserves to the allowed. Accordingly, subject to what is observed above, the same is allowed in terms of prayer clauses (a) and (b). [ A.S.OKA, J ]