Damyanti Devi v. Indrajeet

Supreme Court of India · 28 Sep 2007
Tarun Chatterjee; Dalveer Bhandari
Transfer Petition (civil) 250 of 2006
civil appeal_dismissed

AI Summary

The Supreme Court refused to transfer pending divorce proceedings from Azamgarh to Delhi, holding that absence of harassment is insufficient ground for transfer and directed the husband to bear travel expenses of the wife.

Full Text
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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Transfer Petition (civil) 250 of 2006
PETITIONER:
Damyanti Devi
RESPONDENT:
Indrajeet
DATE OF
JUDGMENT
: 28/09/2007
BENCH:
TARUN CHATTERJEE & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION [CIVIL] NO.250 OF 2006
TARUN CHATTERJEE,J.
This is an application filed at the instance of the wife \026
Damyanti Devi \026 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.
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.