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2005 Supreme(SC) 616

Supreme Court Of India
S.N. VARIAVA AND H.K. SEMA, JJ.
GARGI KONAR- Petitioner
Versus
JAGJEET SINGH - Respondent
Transfer Petition (C) No. 777 of 2004,
Decided on April 11, 2005

Headnote:

Civil Procedure Code, 1908, Section 25 - Matrimonial dispute - Transferof- Petition by wife for transfer of case from Bhatinda (Punjab) to Burdwan (West Bengal) - Contention that she was helpless lady fully dependent upon her father and has no such financial capacity to contest proceedings in Bhatinda - Held it was not a ground for transfer at all- However the respondent directed to pay for her and her companions, to and fro and stay expenses on every occasion on which she is required to travel-The Additional Civil Judge before whom the case is pending directed to quantify the amount and to ensure that the same is paid to her on every occasion.[Paras 2 and 3]

ORDER

1. This transfer petition has been filed by the wife for transfer of Matrimonial Suit No. 137 of 2004 from the Court of Additional Civil Judge (Senior Division) Bhatinda, within the State of Punjab (in re: Jagjeet Singh v. Gargi Kanar), to the Court of District Judge, Burdwan, West Bengal at Durgapur or to the Court of District Judge, Burdwan, West Bengal at Burdwan. The respondent is served but has not entered appearance.

2. The only ground made out in the transfer petition by the petitioner wife is that she is a helpless woman fully dependent upon her father and that her fmancial capacity is not such so that she can contest the proceedings in Bhatinda in the State of Punjab.

3. In our view, this is not a ground for transfer at all. The respondent can be directed to pay for her and her companions, to-and-fro and stay, expenses on every occasion on which she is required to travel. The Additional Civil Judge before whom the case is pending is directed to quantify the amount and to ensure that the same is paid to her on every occasion that she is required to remain present in the court. With these directions the transfer petition stands dismissed.

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