DIVYA Vs. RUSHIKESH

JUDGEMENT

(1.) This is an application under Sec. 24 of the Code of Civil Procedure by a wife seeking transfer of a divorce proceeding instituted by the respondent-husband in the court at Parbhani, from Parbhani to Beed where she has already instituted a proceeding under Sec. 9 of the Hindu Marriage Act.

(2.) I have heard the learned Advocate of both the sides and perused the papers.

(3.) Irrespective of the dispute as to whether the respondent has been residing in Pune or Parbhani and whether he has instituted the divorce proceeding at Parbhani with some ulterior motive, the fact remains that the divorce proceeding is pending at Parbhani whereas the proceeding for restitution of conjugal rights preferred by the applicant is pending in Beed.