Supreme Court Of India
S.N. VARIAVA AND H.K. SEMA, JJ.
PREETI SHARMA- Petitioner
Versus
MANJIT SHARMA- Respondent.
Transfer Petitions (C) Nos. 117 -18 of 2004,
Decided on April 29, 2005
Civil Procedure Code, 1908, Section 25 - Matrimonial dispute - Transfer of- Matrimonial suits pending in Court at Muzaffar Nagar U.P. sought by wife to be transferred to Delhi - Contention that she was unemployed lady and totally dependent on her uncle and it will be hard to defend suit at Muzaffar Nagar - Not accepted- Merely because the Petitioner is a lady does not mean she cannot travel to Muzaffar Nagar-At the highest she can be paid expenses for travel and stay-Respondent directed to pay to the Respondent and a companion travel and stay expenses on every occasion that the Petitioner is required to go to Muzaffar Nagar.. [Para 2]
ORDER
1. This is a wifes petition for transfer of Suit No. 553 of 2003 titled as Manjit Sharma v. Preeti Sharma pending before the Civil Judge (Senior Division), Muzaffar Nagar, V.P. and Suit No. 163 of 2003 titled as Manjit Sharma v. Preeti Sharma pending before the Civil Judge (Senior Division), Muzaffar Nagar, V.P. to the Court of District Judge, Karkardooma, Shahdara, Delhi.
2. The grounds made out are that the petitioner is an unemployed lady and totally dependent on her uncle and that she will be hard-pressed to defend the suit at Muzaffar Nagar. It is also claimed that there is a petition for restitution of conjugal rights and certain other proceedings pending in Delhi. In our view, no substantial ground for transfer has been made out. If the petitioner wishes that all cases be tried at one place, she may apply for the same and we will transfer the cases pending in Delhi to Muzaffar Nagar. Merely because the petitioner is a lady does not mean she cannot travel to Muzaffar Nagar. At the highest she can be paid expenses for travel and stay. We, therefore, direct that the respondent shall pay to the petitioner and a companion travel and stay expenses on every occasion that the petitioner is required to go to Muzaffar Nagar. The Court at Muzaffar Nagar shall ensure that such payment is made to the petitioner on every occasion. With these directions, the transfer petitions are dismissed.
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