1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION MISCEALLANEOUS CIVIL APPLICATION NO.9 OF 2010 Mrs. Kumud S. Dwivedi ...Applicant. v. Mr. Sarvesh R. Dwivedi ...Respondent. Mr.Rohit Tiwari, adv. For the Applicant. Ms Pinky M. Bhansali, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 14, 2010 P.C. 1 Heard the learned counsel for the parties. 2 This application is filed for transfer of Petition No. 465 of 2008 by the wife. Parties were married on 3.12.2007 and she gave birth to a child on 11.8.2008. Respondent/husband filed marriage petition no. 465 of 2008 for nullity of marriage before the C.J.S.D., Kalyan on 15.9.2008. Applicant/wife filed an application for maintenance under Section 125 of the Cr.P.C., before the Family Court, Bandra, Bombay on 30th June, 2009. According to her, it is inconvenient for her to travel from Santacruz to Kalyan on every date as the child is about 1 and half year old. Application is opposed by the husband. 3 Child is now aged about two years. Admittedly, wife is not 2 in service and she is housewife. Even though Kalyan is a part of Thane District, large number of people travel from Kalyan to Bombay and vice- versa for their jobs daily. The distance is not such that the applicant cannot travel. The learned counsel for the applicant contended that convenience of the wife has to be considered as held by the Supreme Court in Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396. In that case, marriage petition was filed by the husband in Ara, District: Bhojpur while wife was living at Delhi. Distance between the two stations is about 1100 kms and she had no place in Ara to stay. Therefore, the Supreme Court considered convenience of the woman and transferred the matter. In my considered opinion, said authority can not be applicable to the facts of the present case. 4 Therefore, application stands rejected. Applicant shall be at liberty to move the trial Court for grant of expenses for the litigation including transportation. The trial Court may grant exemption to the applicant from personal appearance unless it is absolutely necessary for the proceeding in the petition. (J.H. BHATIA,J.)