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2000 Supreme(SC) 152
2000(6) Supreme 326
SUPREME COURT OF INDIA
S.P. Bharucha, Syed Shah Mohammed & Quadri & M.B. Shah, JJ.
Mona Aresh Goel -Appellant
versus
Aresh Satya Goel -Respondent
Transfer Petition (C) No. 793 of 1999
Decided on 21-1-2000
Headnote:Transfer of Cases-Divorce suit/proceedings-Husband filing proceeding at Bombay-Wife staying at Delhi with parents-Wife has no independent source of income-No one at Bombay with whom she could stay-Wife s petition to transfer proceedings to Delhi Court allowed. (Paras 2 and 3)
ORDER
The respondent-husband has been served but does not appear.
2. The transfer petition is filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition avers that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She avers that she is twenty two years old and cannot travel to and stay in Bombay alone for, there is no one in Bombay with whom she can stay. We are of the opinion that the transfer petition should in the circumstances, be allowed.
3. The transfer petition is made absolute in terms of prayer (a) M.J. Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the Court of the District Judge, Tis Hazari, Delhi, who shall hear it himself or assign it for hearing to a competent court.
4. No order as to costs.
(C.R.) Order accordingly.
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