Damyanti Devi Vs. Indrajeet [2007] Insc 982 (28 September 2007)

Tarun Chatterjee & Dalveer Bhandari

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 Damyanti Devi 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.

 

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