: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.31 OF 2009 Kamini Pralhad Jitekar .. Applicant V/s. Pralhad Raghunath Jitekar .. Respondent Mr. Rajesh S. Datar for the Applicant. Mr. B.A. Lawate i/b. Mr. R.V. Bansode for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 21 ST NOVEMBER, 2009. P.C.: 1. The applicant has preferred this Miscellaneous Civil Application for transferring the Divorce Petition filed by the respondent which is pending before the Civil Judge, Senior Division, Panvel to the Court of the Civil Judge, Senior Division, Thane. The reasons for seeking such a transfer are that it is difficult for the applicant to travel from Diva, where she resides, to Panvel specially since she has to look after her five years old son who is mentally challenged. The other reason mentioned is that the applicant has filed an application for restitution of conjugal rights which is pending before the Civil Judge, Senior : 2 : Division, Thane. She has also filed an application for maintenance under Section 125 of the Code of Civil Procedure which is pending in the Court of Civil Judge, Senior Division, Thane. 2. The Miscellaneous Civil Application is opposed on behalf of the respondent by contending that Panvel is only an hour’s distance from Diva and the applicant could well look after the child. 3. In my opinion, the application filed by the applicant-wife is not unreasonable. She has to ensure that her mentally challenged child is well looked after in her absence from Diva. Thane is only at a distance of 15 minutes by train. 4. The Miscellaneous Civil Application is allowed in terms of prayer clause (a) in view of the facts and circumstances of this case. .......