SUPREME COURT OF INDIA
N. SANTOSH HEGDE, B.P. SINGH AND S.B. SINHA, JJ.
KANAGALAKSHMI - PETITIONER
VERSUS
A. VENKATESAN - RESPONDENT
TRANSFER PETITION (C) NO. 404 OF 2004,
DECIDED ON SEPTEMBER 20, 2004
Civil Procedure Code, 1908, Section 25 - Transfer of Matrimonial dispute - Wife Sought transfer of matrimonial dispute from the Family Court at Bandra, Mumbai to the Subordinate Judge, Tirunelveli, Tamil Nadu- Contention that it is difficult for her to travel from Tirunelveli to Mumbai to pursue her case- The respondent husband stated that he was prepared to bear the expenses not only of the petitioner but also of her accompanying person both for travel and stay at Mumbai- In view thereof the Transfer Petition dismissed [Para 1]
ORDER
1. THIS IS A PETITION FILED BY THE WIFE SEEKING TRANSFER OF PENDING MATRIMONIAL DISPUTE BEFORE THE FAMILY COURT AT BANDRA, MUMBAI TO THE SUBORDINATE JUDGE, TIRUNELVELI, TAMIL NADU ON THE GROUND THAT IT IS DIFFICULT FOR HER TO TRAVEL FROM TIRUNELVELI TO MUMBAI TO PURSUE HER CASE. LEARNED COUNSEL APPEARING FOR THE RESPONDENT HUSBAND HAS FILED HIS COUNTER STATING THEREIN THAT HE IS PREPARED TO BEAR THE EXPENSES NOT ONLY OF THE PETITIONER BUT ALSO OF HER ACCOMPANYING PERSON BOTH FOR TRAVEL AND STAY AT MUMBAI. RECORDING THE SAID STATEMENT, WE THINK IT IS NOT NECESSARY TO TRANSFER THE PENDING CASE AT THE FAMILY COURT, BANDRA, MUMBAI. HOWEVER, WE DIRECT THE RESPONDENT TO PAY TO THE PETITIONER THE TRAVEL EXPENSES AS WELL AS FOR THEIR STAY DURING THE DATES OF HEARING IN MUMBAI. WE DIRECT THE FAMILY COURT TO DISPOSE OF THE PETITION AND APPLICATIONS FOR INTERIM MAINTENANCE IF ANY WITHIN SIX MONTHS FROM THE RECEIPT OF THIS ORDER AND DIRECT THE FAMILY COURT, IF POSSIBLE, TO CROSS-EXAMINE BOTH THE PARTIES IN REGARD TO THEIR AFFIDAVIT ON THE SAME DAY.
2. THE TRANSFER PETITION IS DISALLOWED.
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