SUPREME COURT OF INDIA
SHIVARAJ V. PATIL, B.N. SRIKRISHNA, JJ.
TEENA CHHABRA - PETITIONER
VERSUS
MANISH CHHABRA - RESPONDENT
TRANSFER PETITION (C) NO. 273 OF 2003,
DECIDED ON SEPTEMBER 17, 2004
Civil Procedure Code, 1908, Section 25 - Transfer of matrimonial dispute - Transfer of case from Family Court, Bandra, Mumbai to Chandigarh sought by wife- Contention that she had no source of income to attend proceedings at Mumbai - Respondent/ husband stated that he was ready and willing to bear the expenses of the petitioner wife from Chandigarh to Bombay, whenever her presence is required at Bombay for the purpose of this case, by second class train fare - In view thereof the transfer petition dismissed. [Paras 2 and 3]
ORDER
1. THIS PETITION SEEKING TRANSFER OF PETITION NO. 1689 OF 2002, TITLED AS MANISH CHHABRA V. TEENA CHHABRA PENDING IN THE FAMILY COURT AT BANDRA, MUMBAI, TO THE COURT OF DISTRICT JUDGE, CHANDIGARH, IS FILED BY THE WIFE ON THE GROUND THAT SHE IS TOTALLY DEPENDENT ON HER PARENTS AND SHE HAS NO SOURCE OF INCOME TO TRAVEL TO BOMBAY TO ATTEND THE COURT PROCEEDINGS.
2. AT THE HEARING, THE LEARNED COUNSEL FOR THE RESPONDENT HUSBAND SUBMITTED THAT THE RESPONDENT IS READY AND WILLING TO BEAR THE EXPENSES OF THE PETITIONER WIFE FROM CHANDIGARH TO BOMBAY, WHENEVER HER PRESENCE IS REQUIRED AT BOMBAY FOR THE PURPOSE OF THIS CASE, BY SECOND CLASS TRAIN FARE.
3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE DISMISS THIS TRANSFER PETITION, SUBJECT TO THE CONDITION THAT THE RESPONDENT WILL BEAR THE TRAVEL EXPENSES OF THE PETITIONER FROM CHANDIGARH TO BOMBAY, WHENEVER HER PRESENCE IS REQUIRED AT BOMBAY FOR THE PURPOSE OF THIS CASE, BY SECOND CLASS TRAIN FARE AND RUPEES FIVE HUNDRED TOWARDS INCIDENTAL EXPENSES FOR LODGING AND BOARDING.
4. NO COSTS.
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