: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.86 OF 2008 Mumtaz Ramza (Khan) Mulla ... Applicant V/s. Ramzan Khan Shahabuddin Mulla ... Respondent Mr.Bhushan A. Walimbe or Applicant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 12, 2010 P.C.: 1. The miscellaneous civil application has been filed contending that the proceedings for restitution of conjugal rights filed by the respondent should be transferred to the Civil Judge Senior Division, Barshi. 2. The applicant and the respondent were married on 23.10.2000. They have two children who are now living with the applicant. The applicant and the respondent are living apart for quite a while and, therefore, the respondent filed an application for restitution of conjugal rights before the Family Court, Bandra. 3. It appears that the applicant had also filed miscellaneous application No.458 of 2006 before the JMFC, Barshi u/s 125 of the Cr.P.C. prior to the application for : 2 : restitution of conjugal rights being filed. This application is still pending in Barshi. 4. The applicant is living in Barshi with her parents and she contends that it is difficult for her to travel to Mumbai on each date of hearing with her two minor children. She has also stated that she has no source of income and is living with her parents in Barshi. It is in these circumstances, the applicant is seeking a transfer of the proceedings to Barshi. 5. The respondent, though served, is not present in Court nor is he represented. 6. For the reasons stated in the Miscellaneous Civil Application, the application is allowed in terms of prayer clause (a).