A.M. Khanwilkar, J.

1. Heard. Admit.

2. Counsel for the Respondent waives service. As short question is involved, Appeal was proceeded for final hearing forthwith at admission stage by consent.

3. This Appeal takes exception to the Judgment and order passed by the learned Single Judge of this Court dated 10th November, 2008 in Writ Petition No.6485 of 2008 thereby dismissing the Writ Petition preferred by the Appellant and confirming the order passed by the Family Court, Bandra, Mumbai dated 21st June, 2008 below Exh. 5 and 7 in M.J.Petition No.A-218 of 2007.

4. Briefly stated, the Appellant(husband) instituted a Petition for restitution of conjugal rights, being M.J.Petition No.A-1773 of 2004, in the Family Court of Bombay at Bandra against the Respondent(wife) some time on 2nd November, 2004, on the assertion that they had solemnised their marriage on 27th November, 1988 and that two children were born out of the said wedlock, i.e., one daughter and one son now aged about 17 and 7 years respectively. It is stated that the Appellant, on account of his employment with a multinational firm was posted at Delhi as “Director” of Pharma Division, in March, 2001. The said pos