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2005 Supreme(SC) 1590
Supreme Court Of India
S.N. VARIAVA AND H.K. SEMA, JJ.
SARITA SINGH ALIAS BABLI BAGHEL- Petitioner
Versus
A.P. BAGHEL - Respondent
Transfer Petition (C) No. 617 of 2004,
Decided on December 10, 2004
Headnote:
Civil Procedure Code, 1908, Section 25 - Matrimonial disputes - Transfer of - Petitioner wife sought transfer of proceedings from Family Court Lucknow to Family Court at Delhi on the ground that she could not afford to go to Lucknow and her husband's suit was a counter blast to the petitioner's having approached the Delhi Legal Services Authority -Husband undertook to pay in advance travel and stay expenses on every occasion his wife came to Lucknow regarding proceedings - Therefore transfer petition rejected and respondent directed to pay Rs. 3000 in advance whenever petitioner came to attend proceeding before Lucknow Family Court. [Para 1]
ORDER
1. This petition has been filed by the wife for transfer of Suit No. 713 of 2004 entitled A.P. Baghel v. Sarita Singh pending before the Chief Judge, 9 Family Court, Lucknow to the Family Court/District Court, Delhi on the ground that the petitioner cannot afford to go to Lucknow and that the respondents suit is a counterblast to the petitioners having approached the Delhi Legal Services Authority. The respondent undertakes to pay in advance travel expenses and the expenses for stay of the petitioner on every occasion whenever the petitioner has to come to Lucknow in connection with the h above proceedings. The respondent shall pay in advance a sum of Rs 3000 to the petitioner on each such occasion towards such expenses. Such undertaking to be filed on affidavit in this Court within four weeks from a today.
2. In view of this undertaking, the transfer petition is dismissed.
