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2005 Supreme(SC) 616

H.K.SEMA, S.N.VARIAVA
GARGI KONAR – Appellant
Versus
JAGJEET SINGH – Respondent


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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