1 mca107-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.107 OF 2008 Deepa Mahadev Shinde .. Applicant V/s. Mahadev Laxman Shinde .. Respondent ..... Mr. Vinod M. Tayade for the applicant. Mr. B. G. Tangali for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 3, 2011 P.C.:- Heard the learned counsel appearing for the parties. Applicant is the wife and respondent is the husband. 2. The applicant has filed a petition seeking relief under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the “said Act”). The said petition has been filed in the Family Court at Mumbai. The respondent husband filed a petition for divorce in the Court of the Civil Judge, Senior Division, Thane. Transfer of the said petition is sought by the applicant wife on the ground that 2 mca107-08 she being a resident of Dadar, Mumbai, it is difficult for her to attend the proceedings in the Civil Judge, Senior Division, Thane. 3. The learned counsel appearing for the respondent opposes the prayer by pointing out that the Family Court at Mumbai will not have jurisdiction to entertain the petition. He pointed out that now the petition under Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the said “Act of 1956”) has been disposed of. 4. I have considered the submission. In the petition filed by the applicant under Sections 18 and 20 of the said Act of 1956, an objection was raised by the respondent husband to the jurisdiction of the Family Court to entertain the Petition. By the impugned order dated 23rd June, 2009 the said objection was overruled by the Family Court. The said order was admittedly not challenged by the respondent and now the said petition under the said Act of 1956 has been finally decided on merits by the Family Court. 5. The respondent has contested the proceeding under the said Act of 1956 filed by the applicant in the Family Court, Mumbai. Under the circumstances, on the ground of convenience of the applicant wife, an 3 mca107-08 order of transfer of the petition filed by the respondent deserves to be passed. 6. Hence, the application is allowed in terms of prayer clause (a). 7. After transfer of the proceedings, the Family Court at Bandra will issue notice of the date fixed to both the parties. JUDGE