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SUPREME COURT OF INDIA
D.M. DHARMADHIKARI, A.K. MATHUR, JJ.
J. DURGA DEBI - PETITIONER
VERSUS
VENKATA BALA SUBRAMANI - RESPONDENT
TRANSFER PETITION (C) NO. 748 OF 2003,
DECIDED ON NOVEMBER 29,2004
Civil Procedure Code, 1908, Section 25 - Transfer of matrimonial dispute - Petitioner wife sought transfer of proceedings from Alipurduar, West Bengal to District Dharmapuri - Contention that the she was unemployed with two year old son and the distance at which the proceedings were pending, we consider was long, accepted- Transfer petition accordingly allowed [Para 2]
ORDER
1. HEARD LEARNED COUNSEL FOR THE PARTIES.
2. FOR THE REASONS MENTIONED IN THE TRANSFER PETITION SUCH AS THAT THE WIFE IS UNEMPLOYED WITH A TWO-YEAR-OLD SON AND THE DISTANCE AT WHICH THE PROCEEDINGS ARE PENDING, WE CONSIDER IT A FIT CASE TO BE TRANSFERRED. MATRIMONIAL SUIT NO.8 OF 2003 ENTITLED VENKATA RALA SUBRAMANI V. J. DURGA DEBI PENDING BEFORE THE ADDITIONAL DISTRICT JUDGE, ALIPURDUAR, WEST BENGAL IS, THEREFORE, ORDERED TO BE TRANSFERRED TO DISTRICT DHARMAPURI WITH A DIRECTION TO THE DISTRICT JUDGE TO EITHER HEAR THE SAME HIMSELF OR PLACE IT BEFORE A COURT OF COMPETENT JURISDICTION.
3. THE TRANSFER PETITION IS ALLOWED ACCORDINGLY.
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