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2000 Supreme(SC) 601

SUPREME COURT OF INDIA
S.P. BHARUCHA, SYED SHAH MOHAMMED QUADRI AND M.B. SHAH, JJ.
Mona Aresh Goel, Petitioner
VERSUS
Aresh Satya Goel, Respondent.
Transfer Petn. (C) No. 793 of 1999, D/- 21-3-2000.

Headnote:Code of Civil Procedure, 1908-Section 22-Hindu Marriage Act, 1955- Section 13-Matrimonial Suit by husband filed at Bombay-Wife residing at Delhi-Transfer petition by wife-Suit transferred to Delhi considering the hardship of wife. (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.

Order accordingly.

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