SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(SC) 1939

SUPREME COURT OF INDIA
S.N. Variava, H.K. Sema, JJ.
Kakali Pal - Petitioner
Versus
Balai Chandra Pal - Respondent
Transfer Petition (Civil) No. 703 of 2004
Decided On : 07-03-2005

The willingness of the respondent to pay all expenses for travel and stay can be a decisive factor in dismissing a transfer petition.

Headnote:

Transfer Petition - Wife's Petition for Transfer of H.M.P. No. A374 of 2004 - The court dismissed the transfer petition filed by the wife, as the respondent was willing to pay all expenses for travel and stay, and the court saw no reason to transfer the petition.

Fact of the Case:

Wife filed a petition for transfer of case from Nagpur, Maharashtra to Barrackpore or Barasat, West Bengal citing inability to bear travel and stay expenses.

Finding of the Court:

The court dismissed the transfer petition as the respondent was willing to pay all expenses for travel and stay, and the court saw no reason to transfer the petition.

Issues: Transfer of case from one court to another based on inability to bear travel and stay expenses.

Ratio Decidendi: The court considered the willingness of the respondent to pay all expenses for travel and stay as a reason to dismiss the transfer petition.

Final Decision: The Transfer Petition stands dismissed.

JUDGMENT :

S.N. Variava, J.

This is wife's petition for transfer of H.M.P. No. A374 of 2004 from the Court of Principal Judge, Family Court, Nagpur, Maharashtra to the Court of Additional District Judge at Barrackpore, West Bengal or alternatively to the District Judge at Barasat, West Bengal.

2. Only two grounds are given by the Petitioner that she has nobody to escort her and she is unable to bear the expenses of travel and stay. On behalf of the Respondent it is stated that Respondent is willing to pay, in advance, all expenses for travel to and stay of the Petitioner and the escorting person in Nagpur.

3. The Respondent to file an undertaking in this Court within two weeks from today that he will send, in advance, Demand Drafts for sufficient amounts to bear the travel expenses from West Bengal to Nagpur by Reserved Second Class in train and for stay in a 3 Star Hotel in Nagpur.

4. In the event of the amounts not being sent in advance, liberty to apply again.

5. In view of this at present, we see no reason to transfer the petition. The Transfer Petition stands dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top