ORDER

1. Leave granted.

2. The parties were married in 1999. On 26-2-2001, a child was born to them. The dispute arose between the parties culminating in proceedings under Section 498-A of the Criminal Procedure Code filed by the appellant wife against the respondent husband. According to the respondent husband, he has since been acquitted in respect of one of the proceedings and the other proceeding had been withdrawn by the appellant herself. A divorce petition was filed by the respondent husband on 30-9-2002 before the Family Court at Coimbatore. The appellant has been appearing in the proceedings from time to time and cross-examined the witnesses produced by the respondent husband. In June 2004 she made an application for maintenance in the court within the jurisdiction of which she resides in Namakkal. She then filed an application before the High Court for transferring the divorce proceedings filed by the respondent from Coimbatore to Namakkal. The High Court has dismissed the proceedings, being of the view that sufficient grounds had not been made out for the transfer of the matter from Coimbatore to Namakkal.

3. Before us it appears that the grievance of the appellant is basically that a she has to spend a huge amount of money for travelling by bus from Namakkal to Coimbatore covering the distance of 160 km.

4. In the circumstances, we dispose of the appeal by modifying the order of the High Court by directing the respondent husband to pay a sum of Rs 5000 by way of initial litigation costs to the appellant in order to cover the costs of her and her witnesses coming from Namakkal to Coimbatore and for b other expenses related thereto. Such payment of Rs 5000 shall be made by the respondent husband to the appellant wife by 1-3-2005.

5. It appears that, in the meanwhile, by reason of the non-participation of the appellant wife, the Family Court had set down the matter for hearing ex parte for 1-3-2005. Having regard to the subsequent facts, that order is set aside and the Family Court, Coimbatore, will proceed with the matter by fixing fresh date for hearing after giving notice to the parties. It is made clear that the cost of Rs 1000 (sic 5000) has been made on the basis of Rs 500 per witness. In the event the appellant has to call for more witnesses the respondent husband shall pay the higher proportionate amount in addition to Rs 5000.