RAVINDRA BABURAO SUTAR Vs. MANISHA RAVINDRA SUTAR

JUDGEMENT

(1.) LEAVE to amend granted.

(2.) PETITIONER husband has filed this application under Section 24 of the Code of Civil Procedure and prayed for transfer of the petition being Marriage Petition No.136 of 1995 filed by respondent wife for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, before the Civil Judge Senior Division, Satara to be transferred to the Court of Civil Judge, Senior Division, at Alibag and the same be heard with Hindu Marriage Petition No.17 of 1995 filed by the petitioner on several grounds.

(3.) IT is one of the ground for transfer of the proceeding that it will be difficult for the husband to attend proceeding at Satara as due to threats received from brother of opponent wife. Mr.Paranjape, learned counsel for the petitioner has also placed reliance upon Section 21(a) of the Hindu Marriage Act, and submitted that in view of the above, the proceeding initiated by the petitioner husband is first in point of time and the respondent wife has instituted the petition later on. Section 21(a) of the Hindu Marriage Act, reads as under:-