1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD MISC. CIVIL APPLICATION NO.4 OF 2009 Sheetal w/o Namdeo Mahale ... APPLICANT VERSUS Shri Namdeo s/o Uddavrao Mahale and another ... RESPONDENTS ..... Shri R.P. Bhumkar, Advocate for the applicant Respondent Nos.1 and 2 absent although served ..... CORAM : S.P. DAVARE, J. DATED : 17th June, 2009. ORAL ORDER: 1. Perused. Heard Shri Bhumkar, learned counsel for the applicant. 2. The applicant/ wife has preferred the present Misc. Civil Application, requesting that the H.M.P. No.51/2008 filed by respondent No.1 before the Civil Judge, Senior Division at Jalna be transferred to Family Court, Pune and same be tried along with H.M. Petition P.A. No.314/2008 filed by the petitioner at family Court, Pune. 3. The applicant contents that the marriage between the applicant 2 and respondent No.1 was solemnized on 23.5.2003 at Nalewadi, Jalna as per Hindu religious rites. The respondent No.2 is the wife of brother-in-law of the respondent No.1. Learned counsel Mr. Bhumkar for the applicant made submission across the bar that initially after the marriage applicant and respondent No.1 resided at Nalewadi, Jalna, but thereafter they shifted to Pune and resided and cohabited at Pune. 4. It is the contention of the applicant that, for the reasons mentioned in H.M.P.No. 51/2008, the respondent No.1 filed a petition for divorce before the Civil Judge, Senior Division, Jalna against the applicant herein and same is pending before the said Court. Thereafter the applicant also filed Petition against the respondent No.1 for divorce under Section 13 of the Hindu Marriage Act before the Family Court, Pune and same is also pending in the said Court. 5. The petitioner contends that she is residing at Pune along with her minor son Ajinkya, who was born out of the said wedlock on 22.6.2007 and she has no source of income for herself and for her son. It is also the contention of the applicant that the respondent Nos.1 and 2 have illicit relations between them and the reconciliation between the applicant and respondent No.1 is impossible. It is also the contention of the applicant that, it is inconvenient for her to travel and go to Jalna to attend the proceedings of H.M.P. No.51/2008 filed by respondent No.1 before the Civil Judge, Senior Division, Jalna along with the minor son on each and 3 every date as she has no source of income to bear the travelling expenses and other expenses. 6. The applicant also states that she had preferred application for maintenance pendent lite in her petition before the Family Court, Pune and she was awarded an amount of Rs.2500/- per month as interim maintenance vide order passed by learned Judge, Family Court No.2, Pune, on 7.10.2008, but the respondent No.1 has not deposited the said amount so far and, therefore, she is unable to attend the Court at Jalna. 7. Besides that, the applicant states that, she preferred an application in H.M.P. No.51/2008 pending before the Civil Judge, Senior Division, Jalna, filed by respondent No.1 for the travelling expenses, but the same is still pending. Hence, it is the contention of the applicant that she is unable to bear the expenditure of travelling expenses to and from from Pune to Jalna and back to attend the Court proceedings filed by respondent No.1 at Jalna. 8. In the circumstances, the applicant prays that the H.M.P. No.51/2008 for divorce filed by respondent No.1 before Civil Judge, Senior Division, Jalna be transferred to Family Court, Pune and be tagged for hearing along with H.M. Petition P.A. No.314/2008 filed by her for divorce before the said Court. 4 9. The respondent Nos.1 and 2 remained absent in spite of service of notice of the present application. 10. At the outset, it is apparent that the applicant and respondent No.1 both have filed petitions against each other for the grant of divorce under Section 13 of the Hindu Marriage Act and both the said petitions are pending before the different Courts i.e. Civil Judge, Senior Division, Jalna and Family Court, Pune. Admittedly, the petition filed by the respondent No.1 is earlier in point of time. However, the contention of the applicant herein that she is unable to attend the Court proceedings at Jalna on each and every date along with her minor son all the way travelling from Pune to Jalna and back, needs consideration. Besides that, the other aspect pointed out by the applicant that in spite of grant of interim maintenance of Rs.2500/- per month from the respondent No.1 to the applicant by Family Court, Pune vide order passed on 7.10.2008, the respondent No.1 has not deposited the said amount so far, cannot be overlooked. Moreover, the application made by the applicant before the Civil Judge, Senior Division, Jalna in H.M.P. No.51/2008 for grant of travelling expenses is still pending and the said aspect also cannot be ignored. 11. In the circumstances, it would be just and convenient to transfer H.M.P. No.51/2008, pending on the file of Civil Judge, Senior Division, Jalna to the Family Court, Pune with directions to try the said petition along with H.M. Petition P.A. No.314/2008 filed by the applicant 5 pending on the file of Family Court, Pune in the interest of justice. 12. Hence, in view of the said position, present Misc. Civil Application is allowed in terms of prayer clause (A) thereof and it is directed that H.M.P. No.51/2008 filed by respondent No.1 for divorce before Civil Judge, Senior Division, Jalna be transferred to Family Court, Pune and be clubbed and be heard along with H.M. Petition P.A. No. 314/2008 filed by the applicant for divorce, which is pending on the file of Family Court No.2, Pune. Both the said Courts to act accordingly. The Misc. Civil Application stands disposed of accordingly in above terms. (S.P. DAVARE, J.) fmp/mca4.09