:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE MISC. CIVIL APPLICATION NO.64 MISC. CIVIL APPLICATION NO.64 MISC. CIVIL APPLICATION NO.64 OF 2007 Mrs. Rupali Santosh Deshmukh ...Applicant. v. Mr.Santosh Bapusaheb Deshmukh . ...Respondent. Mr.Anilkumar K. Patil , adv. for the Applicant Mr.S.P.Thorat , adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 27th June, 2008. DATE: 27th June, 2008. DATE: 27th June, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for both the parties. The application is filed by the applicant/wife for transfer of Hindu Marriage Petition No.145 of 2006 filed by the respondent/husband in the Court of Civil Judge Senior Division, Sangamner, District: Ahmednagar to the Court of Civil Judge Senior Division, Nashik where the Marriage Petition No.419 of 2006 filed by the applicant/wife is pending. Admittedly, parties were married on 27-5-05 at Nashik. It appears that within a short period of time, disputes arose between the parties. Now the wife is residing at Nashik. It is the fact that the husband filed divorce petition earlier in time but within a short time thereafter and before the service of the process, the wife filed petition before the Nashik Court for restitution of conjugal rights. Taking into consideration two rival petitions, it will :2: be necessary that both the petitions should be heard simultaneously and by the same Court in the interest of justice and to avoid unnecessary inconvenience to both the parties. The learned counsel for the respondent/husband contended that the petition filed by the husband being earlier in time, the petition filed by the wife may be transferred to Sangamner and not otherwise. According to the Applicant, it will be inconvenient for her to go to Sangamner. It is the fact that distance between the two places is not much but it is now well settled that in such matters, convenience of the wife will have to be given preference. Particularly, in the present circumstances when one matter has to be transferred from one Court to another, it will be in the interest of justice that the petition filed by the husband may be transferred to Nashik particularly because at Nashik, which is a district headquarter, there may be better facilities of marriage counselling that at Sangamner. Mr.Thorat the learned counsel for the respondent contended that there is only one bus from his village to Nashik in the whole day. To avoid inconvenience to him, the trial Court may be directed not to insist upon the presence of the respondent/husband on every day. 2. For the aforesaid reasons, the application is allowed. The Hindu Marriage Petition No.145 of 2006 pending before the Civil Judge Senior Division, :3: Sangamner is hereby withdrawn and stands transferred to the Court of Civil Judge Senior Division, Nashik before whom the Marriage Petition No.419 of 2006 filed by the applicant is pending. The learned Civil Judge Senior Division shall hear and dispose off both the petitions together. As far as possible, presence of the respondent/husband shall not be insisted upon unless his presence before the Court is absolutely necessary for the trial or for passing any order. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)