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2005 Supreme(SC) 113
Supreme Court Of India
N. SANTOSH HEGDE AND S.B. SINHA, JJ.
SONAL NIKHIL SHAH- Petitioner
Versus
NIKHIL RASIKLAL SHAH- Respondent
Transfer Petition (C) No. 538 of 2004,
Decided on January 20, 2005
Headnote:
Civil Procedure Code, 1908, Section 25 - Transfer of matrimonial dispute -Transfer Petition filed by wife- Husband stated that the trial was at the concluding stage and only two remaining witnesses shall be examined on one single a - Therefore transfer declined -Directions issued that for the next date of hearing the respondent-husband will pay Rs. 3,000/- towards the petitioner-wife's travel expenses,- If the petitioner would be required to travel again the respondent-husband will pay her Rs. 3,000/- for each trip provided the petitioner does not take any adjournment. [Para 2]
ORDER
1. Heard learned counsel for the parties.
2. We are informed by Mr E.C. Agarwala, learned counsel appearing for the respondent husband that the trial before the Chennai court is at the concluding stage and the only two remaining witnesses shall be examined on one single day. Recording the said statement we dispose of this transfer f petition. We also direct that for the next date of hearing the respondent husband will pay Rs 3000 towards the petitioner wifes travel expenses. If there are any other days required for the petitioner to travel again the respondent husband will pay her Rs 3000 for each trip provided the petitioner does not take any adjournment. Arrears if any towards the past maintenance shall be paid by the respondent husband.
3. With the above observations, this transfer petition is disposed of.
