1 mca8-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO. 8 OF 2011 Pallavi M. Ganbote .. Applicant V/s. Mahesh N. Ganbote .. Respondent ..... Ms. Seems Sarnaik and Mr. Ameya Tamhane for the applicant. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the applicant. Notice for final disposal was issued. The office remark shows that affidavit of service of notice has been filed. None appears for the respondent. 2. The applicant is the wife and the respondent is the husband. The applicant has filed a petition for divorce under the Hindu Marriage Act, 1955, before the Family Court at Pune. Before the said petition was filed, the respondent filed a petition under Section 9 of the Himdu Marriage Act, 1955, for restitution of conjugal rights in 2 mca8-11 the Court of Civil Judge Senior Division at Solapur. 3. The prayer in this application is for transfer of the petition filed by the respondent in the Court at Solapur to the Family Court at Pune. 4. The application discloses that the applicant is the resident of Pune. The minor son whose present age is four years is in the custody of the applicant. Moreover, the applicant is employed at Pune. In the petition filed by the respondent in the Court at Solapur, the address of the respondent is of Pune. Even in the petition filed by the applicant in the Family Court at Pune, it is stated that the respondent has filed a pursis intimating about his temporary address at Pune. 5. The averments made in the application are not disputed by filing a reply. 6. Hence, a case for transfer is made out. Accordingly application is allowed in terms of prayer clause (a). The learned Principal Judge 3 mca8-11 of the Family Court at Pune will ensure that the transferred petition is assigned to the Court which is hearing Petition No. A-716 of 2009. JUDGE