: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE MISC. CIVIL APPLICATION NO.6 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.H.P. Vyas for the Petitioner. Mr.A.M. Saraogi for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. This is a Petition for transfer of the proceedings from Mumbai to Pune by the wife. 3. The Petitioner wife had filed the Petition for divorce before the Pune Court in November, 2006. The Respondent - husband filed a Petition for restitution : 2 : of conjugal rights in October, 2007 in Mumbai. 4. The Petitioner is living with two minor children aged 10 and 4 years respectively. The children attend the school in Pune. 5. Mr.Saraogi, the learned counsel appearing on behalf of the Respondent states that the Respondent is willing to provide an independent flat to the Petitioner in Pune and to bare the expenses. 6. The Petitioner cannot be forced in this manner to live in the place she does not desire to live in. 7. The proceedings for divorce have been filed by her prior to the Petition for restitution of conjugal rights filed by the Respondent. The mere fact that the counter claim has been filed in Mumbai Court would make no difference. : 3 : 8. Reliance upon the judgment in the case of Anindita Das v. Srijit Das, (2006) 9 SCC 197, does not carry the Respondent’s case any further. As held by the Supreme Court, each matter must be decided on its own merits. 9. In the circumstances, the Misc. Civil Application is made absolute in terms of prayer (a). 10. The order is stayed for a period of twelve weeks from today. However, likewise the proceedings before the Mumbai Court shall also remain stayed for a period of twelve weeks from today. There is no stay to the proceedings before the Pune Court.