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2007 Supreme(SC) 1258
2007(7) Supreme 618
Supreme Court of india
Tarun Chatterjee & Dalveer Bhandari, JJ.
Damyanti Devi — Petitioner
versus
Indrajeet — Respondent
Transfer Petition (civil) 250 of 2006
Decided on : 28-09-2007
important point
In absence of any allegation of harassment by the husband or his relations, petition for transfer of the divorce petition declined.
Headnote:Code of Civil Procedure, 1908 – Section 25 – Divorce petition pending at Azamgarh in U.P. – Wife required to attend the proceedings, requesting to transfer the case within jurisdiction of Delhi court – In absence of any allegation against the husband or his relations harassing the petitioner while attending the court at Azamgarh, U.P. transfer declined – However, husband-respondent directed to pay a sum of Rs.5000/- towards traveling and boarding expenses to the petitioner-wife with a companion for each attendance at Azamgarh Court. (Para 2)
Facts of the case:
This is an application filed at the instance of the wife (Damyanti Devi) for transfer of divorce proceedings being Divorce Petition No.417 of 2005, now pending before the Family Court, Azamgarh, U.P. to the District Court within Delhi jurisdiction.
Findings of the Court:
In absence of any allegation of harassment by the husband or his relations, no ground made out for transfer of the case.
Result : Petition refused but husband directed to 5000 for each hearing.
order
TARUN CHATTERJEE, J. —
This is an application filed at the instance of the wife Damyanti Devi for transfer of divorce proceedings being Divorce Petition No.417 of 2005, now pending before the Family Court, Azamgarh, U.P. to the District Court within Delhi jurisdiction.
2.We have heard the learned counsel for the parties and after going through the materials on record, we are not inclined to transfer the aforesaid divorce proceedings to the District Court within Delhi jurisdiction as we do not find from the transfer petition any allegation made against the husband by the wife nor of his relations harassing the petitioner while attending the court at Azamgarh, U.P. However, considering the facts and circumstances of the case, we direct that the husband-respondent shall pay a sum of Rs. 5000/- towards traveling and boarding expenses to the petitioner-wife with a companion for each attendance at Azamgarh Court. Such payment shall be made by the husband to the petitioner at least seven days prior to her attendance in Azamgarh Court. With these observations, the transfer petitioner is disposed of with no order as to costs.
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