ORDER

1. WE HAD HEARD THE PARTIES ON 4-10-2004. ON THAT DATE WE WERE INCLINED TO ACCEPT THE RESPONDENTS OFFER TO PAY FOR TRAVEL AND STAY EXPENSES, NOT ONLY OF THE PETITIONER BUT ALSO OF THE PERSON TO ACCOMPANY HER. AT THAT STAGE, TIME WAS TAKEN TO ENABLE THE PARTIES TO SETTLE THE MATTER. WE ARE NOW INFORMED THAT THE MATTER CANNOT BE SETTLED.

2. IN OUR VIEW NO SUFFICIENT GROUND HAS BEEN MADE OUT FOR TRANSFER. WHEN THE RESPONDENT IS WILLING TO PAY FOR TRAVEL AND STAY EXPENSES NOT ONLY OF THE PETITIONER BUT ALSO OF A PERSON TO ACCOMPANY HER THERE WILL BE NO DIFFICULTY FOR THE PETITIONER TO ATTEND THE PROCEEDINGS IN SILIGURI. THE TRIAL COURT SHALL ENSURE THAT THE RESPONDENT PAYS TO THE PETITIONER ON EACH OCCASION SHE TRAVELS TO SILIGURI, THE TRAVEL AND STAY EXPENSES OF THE PETITIONER AND THE PERSON WHO ACCOMPANIES HER.

3. WITH THE ABOVE DIRECTION THE TRANSFER PETITION IS DISMISSED.