1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.5 OF 2009 Mrs.Prajakta alias Sharmila Suraj Ohol ..Applicant V/s Mr.Suraj V. Ohol ..Respondent Ms.Sharda Babhalgaonkar and Ms.Suchitra Kamble, Advocate, for the applicant Mr.Sagar Kasar, Advocate, for the respondent CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Miscellaneous Civil Application, the applicant- wife seeks transfer of the Hindu Marriage Petition No.478 of 2008 filed by the respondent-husband from the Court of Civil Judge, Senior Division, Nashik to the Family Court at Mumbai. The marriage between the applicant-wife and respondent-husband was solemnized on 21st April, 2006. Out of the said wedlock, a son was born on 15th August, 2007. The relation between the applicant-wife and respondent-husband was facing heavy weather since May, 2008. It is 2 the case of the applicant that the respondent-husband did not allow the applicant-wife in the matrimonial House and in fact, threatened her,. The applicant, therefore, had to start residing with her parents. 2. The respondent-husband filed Hindu Marriage Petition No.478 of 2008 for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Nashik. It is this proceeding of which the applicant-wife seeks transfer. It is the case of the applicant that she is working in the office of the Collector at Old Custom House, Mumbai and therefore, it is not possible for her to take leave on every date when the said Hindu Marriage Petition No.478 of 2008 is fixed for hearing. It is, further, case of the applicant that it is also not possible for her to travel with her son, who is two years old from Nashik on every date on which the said Hindu Marriage Petition is fixed for hearing. It is, further, the case of the applicant that the respondent works in the office of the Divisional Joint Registrar, Co-operative Societies, Nashik and therefore, it would not be difficult for the respondent-husband to attend the Family Court at Mumbai if the said proceedings filed by him are transferred. On behalf of the 3 respondent-husband it is contended that the applicant-wife, being an employee of the Collectorate, Mumbai it is not difficult for her to travel to Nashik which is hardly about four hours away from Mumbai. It is, further the case of the respondent-husband that Hindu Marriage Petition No.478 of 2008 filed by him was prior in point of time to the M.J.Petition No.A-5759 of 2008 filed by the petitioner and therefore, the relief sought by the applicant does not deserve to be entertained. 3. Having considered the rival contentions it is well settled that by a catena of decisions of the Apex Court that the convenience of the wife is of primary importance in such matters. Though the applicant-wife is working in the Collectorate, Mumbai, she has a two year old son, who has necessarily to accompany her thereby making it difficult for her to attend the Court at Nashik. Though Hindu Marriage Petition No.478 of 2008 filed by the respondent-husband is prior in point of time to the M.J.Petition No.A-5759 of 2008 filed by the applicant-wife, in my view, the said fact cannot be the only criteria for determining as to whether the relief sought by the applicant-wife should be granted or not. In my view, considering inconvenience that 4 would be caused to the applicant-wife, it would be just and necessary to transfer Hindu Marriage Petition No.478 of 2008 filed by the respondent-husband from the Court of the learned Civil Judge, Senior Division, Nashik to the Family Court, Mumbai. 4. The said transfer is also necessary to avoid a conflict of decisions. Miscellaneous Civil Application would therefore have to be allowed and is accordingly allowed in terms of prayer clause (a). The Hindu Marriage Petition No.478 of 2008 to be heard along with M.J.Petition No.A-5759 of 2008 filed by the applicant-wife. Miscellaneous Civil Application is accordingly disposed of. (R.M.SAVANT, J.)