1 MCA-54-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi MISC. CIVIL APPLICATION NO. 54 OF 2010 Samidha Satish Devkar ... Applicant vs. Satish Narayan Devkar ... Respondent Mr. Mandar Patil i/b. Smt. Sharmila V.Deshmukh, Advocate, for the applicant. Ms. Rashmi Gagwani, i/b. Shri Ganesh K. Gole, Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 12th October, 2010. P.C. 1. Heard. 2. The respondent is husband of the applicant. He has filed a petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Alibag. The applicant is residing at Thane along with her parents. According to her, it is inconvenient for her to travel to Alibag and, therefore, the matter may be transferred from Alibag to Thane. The application is opposed. 3. On hearing the learned Counsel, it appears that the applicant is living with her parents. Her father is serving in Municipal Corporation. Her mother is 2 MCA-54-10.sxw housewife and she has a child aged about 3 years, who is attending Kindergarten school. The applicant is also housewife and she is not serving anywhere. The respondent is working as a rickshaw driver and that is his only source of livelihood. If he is required to go to Thane, he will be deprived of day's work and earning. The distance between the two places is not very long and, therefore, it cannot be accepted that the child aged about 3 years cannot remain without mother for one day, particularly when he is living with his grandparents at Thane. 4. Therefore, the application is rejected. However, the applicant shall be at liberty to move the trial Court for expenses of litigation, including expenses of travel. (J.H.BHATIA,J.)