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SUPREME COURT OF INDIA
SHIVARAJ V. PATIL, B.N. SRIKRISHNA, JJ.
NEELAM BHATIA - APPELLANTS
VERSUS
SATBIR SINGH BHATIA - RESPONDENT
TRANSFER PETITION (C) NO. 357 OF 2004,
DECIDED ON AUGUST 30, 2004
Civil Procedure Code, Section 25 - Transfer of Matrimonial dispute -Wife seeking transfer of Hindu Marriage Petition titled as Satbir Singh Bhatia v. Neelam Bhatia Court at Kolkata - Contention that the petitioner had no means and is having no source of income; she had a minor daughter of 5 years; and had to travel long distance - Case reached the stage of evidence- Refusing to transfer, respondent husband directed to bear the to-and-fro travelling expenses of the petitioner and one person accompanying her by train whenever she actually appears before the court- On every date of appearance in the Court at Korba, the incidental expenses of Rs. 500/- shall also be paid in addition to the actual train fare by second class on each such occasion. [Paras 3 and 4]
ORDER
1. HEARD LEARNED COUNSEL FOR THE PARTIES.
2. THIS PETITION IS BY THE WIFE SEEKING TRANSFER OF HINDU MARRIAGE PETITION NO. 6-A OF 2001 TITLED AS SATBIR SINGH BHATIA V. NEELAM BHATIA FROM COURT OF ADDITIONAL DISTRICT JUDGE, KORBA, CHHATTISGARH TO THE FAMILY AT KOLKATA ON THE GROUNDS THAT THE PETITIC1ER HAS NO MEANS AND IS HAVING SOURCE OF INCOME; SHE HAS A MINOR DAUGHTER OF 5 YEARS; HAVING REGARD TO LONG DISTANCE TO TRAVEL, IT WOULD BE CONVENIENT IF THE PETITION TO TRANSFER THE CASE AFOREMENTIONED IS ALLOWED.
3. LEARNED COUNSEL FOR THE RESPONDENT HUSBAND RESISTED THIS PETITION STATING THAT THE PROCEEDINGS WERE INITIATED IN THE YEAR 2001; THE CASE HAS REACHED THE STAGE OF EVIDENCE; PLEADINGS HAVING BEEN COMPLETED; AT THIS STAGE, IT WILL NOT BE APPROPRIATE TO ALLOW THE TRANSFER PETITION. HE ALSO ADDED THAT THE PETITIONER HAS FILED SOME CASES AT KOLKATA AFTER THE RESPONDENT FILED THE HINDU MARRIAGE PETITION AFOREMENTIONED. THE LEARNED COUNSEL, HOWEVER, ASSURED THAT THE RESPONDENT SHALL COOPERATE WITH THE PROCEEDINGS TO GO ON WITHOUT DRAGGING THE PROCEEDINGS.
4. HAVING REGARD TO THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE PARTIES, WE THINK IT JUST AND APPROPRIATE TO DISPOSE OF THE TRANSFER PETITION WITH THE FOLLOWING DIRECTIONS:
THE RESPONDENT HUSBAND SHALL BEAR THE TO-AND-FRO TRAVELLING EXPENSES OF THE PETITIONER AND ONE PERSON ACCOMPANYING HER BY TRAIN WHENEVER SHE ACTUALLY APPEARS BEFORE THE COURT. IN CASE, THE FATHER OF THE PETITIONER ALONE TRAVELS TO ATTEND TO THE CASE, THE EXPENSES SHALL BE PAID TO THE FATHER ALSO FOR HIS TRAVEL TO ATTEND THE COURT PROCEEDINGS. ON EVERY DATE OF APPEARANCE IN THE COURT AT KORBA, THE INCIDENTAL EXPENSES OF RS 500 SHALL BE PAID IN ADDITION TO THE ACTUAL TRAIN FARE BY SECOND CLASS ON EACH SUCH OCCASION.
5. THE RESPONDENT SHALL COOPERATE IN EXPEDITIOUS DISPOSAL OF THE PETITION.
6. THE RESPONDENT SHALL ALSO PAY THE ARREARS OF MAINTENANCE, AS ORDERED BY THE TRIAL COURT, IF NOT ALREADY PAID AND UNLESS THERE IS A STAY OF THE SAID ORDER TO PAY MAINTENANCE.
7. SUBJECT TO WHAT IS STATED ABOVE, WE DECLINE TO TRANSFER THE CASE OF THE PETITIONER. THE TRANSFER PETITION STANDS DISPOSED OF.
8. NO COSTS.
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