1 mca71-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO.71 OF 2009 Neeta Rajesh Khirid .. Applicant V/s. Rajesh Tukaram Khirid .. Respondent ..... Mrs. S. S. Gokhale for the applicant. ..... CORAM : A. S. OKA, J. DATE : APRIL 21, 2011. P.C.:- Heard the learned counsel appearing for the applicant. None appears for the respondent. The affidavit in reply of the respondent received through courier is placed on record. Perused the reply. 2. This is an application under Section 24 of the Code of Civil Procedure, 1908. Applicant is the wife of the respondent. The applicant is a resident of Mumbai. The applicant has filed a petition for divorce in the Family Court at Bandra, Mumbai. The said petition was filed in July 2008. The respondent filed a petition for restitution of conjugal rights in the Court of Civil Judge Senior Division at Pune. 2 mca71-09 The said petition was filed in December 2008. The prayer in this application is for transfer of the petition filed by the respondent in the Civil Court at Pune to the Family Court, Bandra. 3. It is obvious that both the proceedings will have to be heard by one and the same Court. The petition filed by the applicant is prior in point of time. For defending the said petition, the respondent will have to attend the Family Court at Bandra. It is contended in the reply filed by the respondent that the Petition filed by him in Civil Court at Pune is at the stage of framing of issues and transfer will be delay the said petition. 4. As both the matters will have to be heard together and as the respondent has not applied for transfer, the present application will have to be allowed. Prayer (b) of this application is that both the petitions should be heard together. Even the said prayer will have to be granted. 5. Accordingly application is allowed in terms of prayer clauses (a) and (b). 3 mca71-09 6. Hearing of both the petitions is expedited. 7. After transfer of the petition, the Family Court at Bandra shall issue notice to both the parties. JUDGE