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2004 Supreme(SC) 1436

SUPREME COURT OF INDIA
S.N. VARIAVA, H.K. SEMA, JJ.
PRATIBHA KHEMKA - PETITIONER
VERSUS
SANJAY KUMAR KHEMKA - RESPONDENT
TRANSFER PETITION (C) NO. 571 OF 2004,
DECIDED ON NOVEMBER 19, 2004

Headnote:

Hindu Marriage Act, 1955, Section 21A - Transfer of matrimonial dispute - Wife sought transfer of H.M. No. 54A of 2003 from Family Court at District Satna (M.P.) lady it was difficult for her to travel 600 kms and that there is no direct transportation between the two places- It was also stated that she had small son studying in 1st standard who had recently had a cataract operation- Respondent apprehended threat to his life inasmuch as that was a crime infected area- Accordingly case transferred to an Appropriate Court in Lucknow- The respondent to continue to pay Rs. 3,000/- to the petitioner as per the Family Court order. [Paras 2 and 3]

ORDER

1. HEARD PARTIES.

2. THIS IS THE WIFES PETITION FOR TRANSFER OF HM NO. 54-A OF 2003 FROM THE FAMILY COURT AT DISTRICT SATNA (M.P.) TO THE FAMILY COURT AT DISTRICT BARABANKI (U.P.) ON THE GROUND THAT BEING A SINGLE LADY IT IS DIFFICULT FOR HER TO TRAVEL 600 KM. IT IS CLAIMED THAT THERE IS NO DIRECT TRANSPORTATION BETWEEN THE TWO PLACES. IT IS ALSO STATED, AND NOT DENIED, THAT SHE HAS A SMALL SON WHO IS STUDYING IN 1ST STANDARD AND WHO HAS RECENTLY HAD A CATARACT OPERATION. SHE THEREFORE REQUIRES TO BE WITH HER SON WHICH MAKES IT DIFFICULT FOR HER TO TRAVEL. IT IS FURTHER STATED THAT SHE HAS AGED PARENTS WHO ARE NOT IN A POSITION TO TRAVEL WITH HER AND THAT HER MOTHER HAS RECENTLY SUFFERED A HEART ATTACK.

3. THE PETITION IS OPPOSED BY THE RESPONDENT HUSBAND MAINLY ON THE GROUND THAT IF HE HAS TO GO TO BARABANKI THERE WILL BE THREAT TO HIS LIFE INASMUCH AS THAT IS A CRIME-INFECTED AREA AND THE PETITIONER HAS ALREADY THREATENED THAT IF HE COMES TO BARABANKI HE WILL BE KILLED. THE RESPONDENT OFFERS TO PAY FOR ALL TRAVEL EXPENSES, OVER AND ABOVE, THE SUM OF RS 3000 ALREADY DIRECTED TO BE PAID BY THE FAMILY COURT.

4. IN OUR VIEW, THE CONVENIENCE OF THE LADY HAS TO BE KEPT IN MIND. THE GROUNDS MADE OUT IN THE PETITION ARE SUFFICIENT FOR THE PURPOSE OF A TRANSFER. HOWEVER, CONSIDERING THE RESPONDENTS APPREHENSION ALSO, WE FEEL THAT ENDS OF JUSTICE WILL BE SERVED IF THE CASE IS TRANSFERRED TO AN APPROPRIATE COURT IN LUCKNOW. WE ACCORDINGLY DIRECT THAT CASE NO. 54-A OF 2003 BE TRANSFERRED FROM THE FAMILY COURT, SATNA TO THE DISTRICT JUDGE, LUCKNOW WHO SHALL EITHER HEAR IT HIMSELF OR PLACE IT BEFORE AN APPROPRIATE COURT. THE RESPONDENT TO CONTINUE TO PAY RS 3000 TO THE PETITIONER AS PER THE FAMILY COURT ORDER.

5. THE TRANSFER PETITION STANDS DISPOSED OF ACCORDINGLY.

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