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2019 Supreme(SC) 1720
SUPREME COURT OF INDIA
N.V. Ramana, Mohan M Shantanagoudar, JJ.
Saba @ Nikki Saba - Appellant
Versus
Mohd Mohfooz Alam - Respondent
Transfer Petition (Civil) No. 799 of 2018
Decided On : 09-01-2019
Ashok Mathur, Adv., Mohd Mohfooz Alam, Adv.
Financial difficulty and inability to travel can be valid grounds for transfer of a matrimonial case to a different jurisdiction.
Headnote:
Transfer Petition - Matrimonial Case - The court allowed the transfer petition at the instance of the petitioner-wife, citing financial difficulty and inability to travel as grounds for transfer. The case was transferred to a different Family Court for adjudication, with directions for amicable settlement or early decision.
Fact of the Case:
The petitioner-wife sought transfer of a matrimonial case due to financial difficulty and inability to travel to attend proceedings in a different state.
Finding of the Court:
The court allowed the transfer petition and transferred the case to a different Family Court, with directions for amicable settlement or early decision. The direction for the respondent-husband to pay travelling expenses was set aside due to the transfer.
Issues: Transfer of matrimonial case due to financial difficulty and inability to travel, setting aside of direction for travelling expenses.
Ratio Decidendi: The court considered the petitioner's financial difficulty and inability to travel as valid grounds for transfer, and set aside the direction for travelling expenses due to the transfer.
Final Decision: The court allowed the transfer petition and transferred the case to a different Family Court, with directions for amicable settlement or early decision. The direction for the respondent-husband to pay travelling expenses was set aside due to the transfer.
ORDER
1. The application for permission to appear and argue in person is allowed.
2. This is a transfer petition at the instance of the petitioner-wife seeking transfer of Matrimonial Case No.107 of 2018, titled Mohd.Mohfooz Alam vs. Saba Alam @ Nikki, pending in the Court of Principal Judge, Family Court, Durg, Chattisgargh to the Court of Principal Judge, Family Court, Satna, Madhya Pradesh.
3. The petitioner has sought transfer of the case mainly on the ground of financial difficulty and her inability to travel from Satna, State of Madhya Pradesh to Durg, State of Chattisgarh, to attend the proceedings of the case filed by the respondent.
4. Having heard learned counsel for the petitioner and the respondent, who has appeared in person, we deem it proper to allow the transfer petition and transfer the aforesaid case from the Court of Principal Judge, Family Court, Durg, Chattisgargh to the Court of Principal Judge, Family Court, Satna, Madhya Pradesh along with all records for its adjudication. Ordered accordingly.
5. After transfer of the petition, the transferee Court is directed to make all endeavour either for amicable settlement or for early decision in the matter without unnecessary adjournments.
6. It has been brought to our notice by the respondent-in- person that vide order dated 28.02.2018, passed by the Principal Family Court, Durg, Chattisgarh, in C.S.No.107/2018, he was directed to pay Rs.4,000/- to the petitioner-wife towards travelling expenses. He further submits that in view of the present transfer order, the said direction be set aside.
7. We find substance in the submission made by the respondent-in-person. Accordingly, the direction passed by the Principal Family Court, Durg, Chattisgarh, to the respondent- husband to pay Rs.4,000/- to the petitioner-wife towards travelling expenses is set aside.
