Mona Aresh Goel Vs. Aresh Satya Goel.
EmailAppeal: Transfer Petition (C) No. 793 of 1999
Petitioner: Mona Aresh Goel
Respondent: Aresh Satya Goel.
Apeal: Transfer Petition (C) No. 793 of 1999
Judges: S.P. BHARUCHA, SYED SHAH MOHAMMED QUADRI & M.B. SHAH, JJ.
Date of Judgment: Jan 21, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 with Constitution – Article 139A – Divorce petition at Bombay – Wife in Delhi – No independent income – Parents not in a posi-tion to bear expenses – Wife 22 years old and none at Bombay with whom she could stay. Held that divorce petition be transferred to Delhi. Petition allowed. (Para2)
JUDGEMENT:
ORDER
1. The respondent-husband has been served but does not appear.
2. The transfer petition is filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition avers that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She avers that she is twenty two years old and cannot travel to and stay in Bombay alone for, there is no one in Bombay with whom she can stay. We are of the opinion that the transfer petition should in the circumstances, be allowed.
3. The transfer petition is made absolute in terms of prayer (a). M.J. Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the court of the District Judge, Tis Hazari, Delhi, who shall hear it himself or assign it for hearing to a competent court.
4. No order as to costs.
1. The respondent-husband has been served but does not appear.
2. The transfer petition is filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition avers that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She avers that she is twenty two years old and cannot travel to and stay in Bombay alone for, there is no one in Bombay with whom she can stay. We are of the opinion that the transfer petition should in the circumstances, be allowed.
3. The transfer petition is made absolute in terms of prayer (a). M.J. Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the court of the District Judge, Tis Hazari, Delhi, who shall hear it himself or assign it for hearing to a competent court.
4. No order as to costs.
