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SUPREME COURT OF INDIA
D.M. Dharmadhikari, H.K. Sema, JJ.
Uma - Petitioner
Versus
Hargovind Singh Bisht - Respondent
Transfer Petition (C) No. 705 of 2004
Decided On : 14-02-2005
Transfer Petition - Transfer of HMA No.59/2004 - The court allowed the transfer of proceedings from Delhi to Udham Singh Nagar, Uttaranchal due to the wife's remote location and lack of escort for travel.
Fact of the Case:
The wife is living in a remote village in a hill area with no escort to travel to Delhi.
Finding of the Court:
The court found it to be a fit case for transfer of the proceedings to Udham Singh Nagar, Uttaranchal.
Issues: Transfer of proceedings under HMA No.59/2004 from Delhi to Udham Singh Nagar, Uttaranchal.
Ratio Decidendi: Consideration of the wife's remote location and lack of escort for travel as grounds for transfer.
Final Decision: The Transfer Petition is allowed, and the proceedings of HMA No.59/2004 are to be transferred to Udham Singh Nagar, Uttaranchal.
JUDGMENT :
D.M. Dharmadhikari, J.
After hearing learned counsel for the parties, we find that the wife is living in a remote village in a hill area and her father is dead with no escort with her to travel to Delhi. We consider this to be a fit case for transfer of HMA No.59/2004 pending in the Court of Additional District Judge, Tis Hazari Court, Delhi, titled as Hargovind Singh Bisht v. Dr. Uma to Udham Singh Nagar, Uttaranchal. Let the proceedings of HMA No.59/2004 be transferred to Udham Singh Nagar, Uttaranchal to be tried there by the competent court.
2. The Transfer Petition is allowed accordingly.
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