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SUPREME COURT OF INDIA
SHIVARA.J V. PATIL, B.N. SRIKRISHNA, JJ.
NEELAM PATHAK - PETITIONER
VERSUS
ALOK KUMAR BHARTI - RESPONDENT
TRANSFER PETITION (C) NO. 348 OF 2004,
DECIDED ON SEPTEMBER 6, 2004
Civil Procedure Code, 1908, Section 25 - Transfer of matrimonial dispute - Wife seeking transfer of suit from Court of District Judge, New Tihri to Purnia, Bihar- Contention that she had a child of three years, and apprehends danger to her life from respondent husband and that she had no source of income- Contention of the respondent that the petitioner was abusing the process of the court not accepted and transfer petition allowed [Paras 1 to 3]
ORDER
1. THIS PETITION IS BY THE WIFE SEEKING TRANSFER OF SUIT NO. 59 OF 2003 TITLED AS ALOK KUMAR BHARTI V. NEELAM PATHAK FROM THE COURT OF DISTRICT JUDGE, NEW TIHRI TO THE COURT OF DISTRICT JUDGE, PURNIA, BIHAR ON THE GROUNDS THAT THE PETITIONER HAS A MINOR CHILD OF THREE YEARS; SHE APPREHENDS DANGER TO HER LIFE BY THE RESPONDENT AND THAT SHE HAS NO SOURCE OF INCOME TO TRAVEL THE LONG DISTANCE TO ATTEND THE COURT PROCEEDINGS.
2. THIS PETITION IS RESISTED BY THE RESPONDENT HUSBAND CONTENDING THAT THE RESPONDENT HAD FILED SUIT NO. 59 OF 2003 EARLIER TO THE SUIT FILED BY THE PETITIONER, OF WHICH TRANSFER IS SOUGHT AND, ACCORDING TO THE LEARNED COUNSEL FOR THE RESPONDENT, THE PETITIONER IS ABUSING THE PROCESS OF THE COURT.
3. HAVING SEEN THE GROUNDS RAISED IN THE TRANSFER PETITION AND TAKING NOTE OF THE FACTS OF THE CASE, WE ALLOW THE PETITION. SUIT NO. 59 OF 2003 TITLED AS ALOK KUMAR BHARTI V. NEELAM PATHAK SHALL STAND TRANSFERRED FROM THE COURT OF DISTRICT JUDGE, NEW TIHRI TO THE COURT OF DISTRICT JUDGE, PURNIA, BIHAR.
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