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Supreme Court Of India
S.N. VARIAVA AND H.K. SEMA, JJ.
REEMA SETHI- Petitioner
Versus
DEEPAK SETHI- Respondent
Transfer Petition (C) No. 23 of 2005,
Decided on April 25, 2005
Civil Procedure Code, 1908, Section 25 - Transfer of proceedings- Matrimonial disputes -Wife sought transfer of HMA Petition filed by husband, from Family Court at Indore (M.P.) to the Family Court at Bhillai- Transfer sought on the ground that the she was unemployed and had no independent source of income-It was also stated that she will be put to extreme hardship if she will be made to go to Indore- Respondent-husband stated that he would pay all travel and stay expenses on every occasion when she will be required to come to Indore- Therefore transfer petition rejected directing the Family Court, Indore to ensure that on every date, when Petitioner would attend the proceedings, the Respondent-husband would pay the travel and stay expenses of the wife. [Paras 2 to 4]
ORDER
1. This petition is filed by the wife seeking transfer of HMA Petition No. 806 of 2002 titled Deepak Sethi v. Reema Sethi from the Family Court at Indore (M.P.) to the Family Court at Bhillai, District Durg, Chhattisgarh.
2. The only ground made out is that the petitioner wife is unemployed and has no independent source of income. It is also stated that she will be put to extreme hardship if she will be made to go to Indore.
3. On behalf of the respondent husband it is stated that he is willing to pay all travel and stay expenses on every occasion when she will be required to come to Indore.
4. We dismiss the transfer petition with the direction to the Family Court, Indore to ensure that on every occasion, when the petitioner wife has to attend the proceedings, the respondent husband pays the travel and stay expenses of the wife.
5. The transfer petition stands dismissed accordingly.
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