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2004 Supreme(SC) 1336
SUPREME COURT OF INDIA
SHIVARAJ V. PATIL, B.N. SRIKRISHNA, JJ.
ROOPALI SAXENA - PETITIONER
VERSUS
AMIT SAXENA - RESPONDENT
TRANSFER PETITION (C) NO. 359 OF 2004,
DECIDED ON OCTOBER 25, 2004
Subject
Transfer of Divorce Petition - Change of Venue
Act Referred
Headnote
Civil Procedure Code, 1908, Section 25 - Transfer of matrimonial dispute - Wife sought transfer of Divorce Petition titled as Amit Saxena v. Roopali Saxena, from Family Court, Indore, Madhya Pradesh, to the Family Court at Jhansi, Uttar Pradesh- She alleged that she had no source of income and it is difficult for her to travel from Jhansi to Indore and also that no maintenance was being paid by the respondent- Respondent contended that he may not be treated well by the court at Jhansi as certain officials working in Jhansi may come in the way of getting justice to him.- Contention not accepted- Transfer Petition allowed.[Paras 1 and 3]
ORDER
1. THIS PETITION IS FILED BY THE WIFE SEEKING TRANSFER OF DIVORCE PETITION NO. 202 OF 2003, TITLED AS AMIT SAXENA V. ROOPALI SAXENA PENDING BEFORE THE FAMILY COURT, INDORE, MADHYA PRADESH, TO THE FAMILY COURT AT JHANSI, UTTAR PRADESH, ON THE GROUNDS THAT SHE HAS NO SOURCE OF INCOME; IT IS DIFFICULT FOR HER TO TRAVEL FROM JHANSI TO INDORE; AND SHE HAS NOT BEEN EVEN PAID MAINTENANCE BY THE RESPONDENT. IN ADDITION TO THIS, THE RESPONDENT HAS FILED THE CASE JUST TO HARASS THE PETITIONER.
2. THIS PETITION IS OPPOSED BY THE RESPONDENT CONTENDING THAT HE MAY NOT BE TREATED WELL BY THE COURT AT JHANSI AND THAT HE MAY NOT GET JUSTICE BECAUSE CERTAIN OFFICIALS WORKING IN DIFFERENT DEPARTMENTS AT JHANSI MAY COME IN THE WAY OF GETTING JUSTICE BY HIM.
3. WE DO NOT FIND ANY SUBSTANCE IN THE GROUNDS URGED IN OPPOSITION BY THE RESPONDENT. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND TAKING NOTE OF THE FACT THAT THE PETITIONER WIFE HAS NO SOURCE OF INCOME AND EVEN MAINTENANCE IS NOT PAID TO HER BY THE RESPONDENT, WE THINK IT IS JUST AND APPROPRIATE TO ALLOW THIS TRANSFER PETITION. ACCORDINGLY, THE TRANSFER PETITION IS ALLOWED AND DIVORCE PETITION NO. 202 OF 2003, TITLED AS AMIT SAXENA V. ROOPALI SAXENA PENDING BEFORE THE FAMILY COURT, INDORE, MADHYA PRADESH, SHALL STAND TRANSFERRED TO THE FAMILY COURT AT JHANSI, UTTAR PRADESH.
4. NO COSTS.
