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SUPREME COURT OF INDIA
S.N. Variava, H.K. Sema, JJ.
Priyanka Batra - Petitioner
Versus
Manish Batra - Respondent
Transfer Petition (Civil) No. 785 of 2004
Decided On : 01-04-2005
Transfer Petition - Transfer of Case - The court dismissed the transfer petition filed by the wife seeking transfer of a case from Bangalore to Jabalpur, as the husband was willing to bear all travel and stay expenses of the petitioner and a companion for attending the court in Bangalore.
Fact of the Case:
The wife filed a Transfer Petition seeking transfer of a case from Bangalore to Jabalpur, stating that she was unemployed, had no source of income, and had never traveled alone to any place.
Finding of the Court:
The court found that no grounds for transfer had been made out, especially as the husband was willing to bear all travel and stay expenses of the petitioner and a companion for attending the court in Bangalore.
Issues: The issue was whether the wife's grounds for transfer of the case from Bangalore to Jabalpur were valid.
Ratio Decidendi: The court considered the willingness of the husband to bear all travel and stay expenses of the petitioner and a companion as a key factor in dismissing the transfer petition.
Final Decision: The Transfer Petition seeking transfer of the case from Bangalore to Jabalpur was dismissed by the court.
JUDGMENT :
S.N. Variava, J.
Heard parties.
2. This Transfer Petition is filed by the wife for transfer of Miscellaneous Case No. 1102 of 2004 titled Manish Batra v. Mrs. Priyanka Batra from the Court of Principal Family Judge at Bangalore to the District Court at Jabalpur in Madhya Pradesh. The grounds given are that the petitioner-wife is unemployed and she has no source of income. It is also stated that she has never travelled alone to any place so it will be difficult for her to attend the case at Bangalore.
3. In our view, no grounds for transfer have been made out particularly as the husband is willing to bear all travel and stay expenses of the Petitioner and a companion on every occasion when she will be required to attend the court and stay in Bangalore. The Respondent to send, in advance, Demand Drafts for sufficient amounts to bear the to and fro travel expenses by a Reserved Second Class in train and for stay in a 3 Star Hotel. Save as above, the Transfer Petition stands dismissed.
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