Archana Singh Vs. Alok Pratap Singh
EmailAppeal: Transfer Petition (Civil) No. 620 of 1999
Petitioner: Archana Singh
Respondent: Alok Pratap Singh
Apeal: Transfer Petition (Civil) No. 620 of 1999
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jan 10, 2000
Head Note:
Constitution
Article 139 – Matrimonial dispute – Transfer Petition – Petitioner wife living in Patna with child – Respondent husband’s divorce petition pending before Thane Court in Maharashtra – Wife seeking transfer of case on the ground of difficulties in travelling – Divorce petition ordered to be transferred to Varanasi being the place of permanent residence of parents of respondent husband – Respondent’s offer to pay the travelling expenses to petitioner for attending proceedings at Thane, no substitute for the difficulties the petitioner would have to undertake for contesting the case at Thane.
Article 139 – Matrimonial dispute – Transfer Petition – Petitioner wife living in Patna with child – Respondent husband’s divorce petition pending before Thane Court in Maharashtra – Wife seeking transfer of case on the ground of difficulties in travelling – Divorce petition ordered to be transferred to Varanasi being the place of permanent residence of parents of respondent husband – Respondent’s offer to pay the travelling expenses to petitioner for attending proceedings at Thane, no substitute for the difficulties the petitioner would have to undertake for contesting the case at Thane.
JUDGEMENT:
ORDER
1. We have seen the counter affidavit sent by the respondent. No one appears today on his behalf to contest these proceedings.
2. In our view offer to pay the travelling expenses to the petitioner wife is not a substitute for the difficulties which she will have to undertake for contesting the case at Thane all the way from Patna especially when she has a small child to look after. She wants the case to be transferred to Varanasi which is the permanent place of residence of the respondent’s parents.
3. In our view, there will be sufficient hardship for her to travel all the way to Thane. Only on this short ground, this Transfer Petition is allowed. The Divorce Petition being M.P. No. 49 of 1998 titled Alok Pratap Singh v. Archana Singh pending in the file of 3rd Joint Civil Judge, Senior Division, Thane will stand transferred to the District Court, Varanasi.
4. The learned District Judge, Varanasi may try the petition himself or may transfer it to any other competent court for its trial.
5. No costs.
1. We have seen the counter affidavit sent by the respondent. No one appears today on his behalf to contest these proceedings.
2. In our view offer to pay the travelling expenses to the petitioner wife is not a substitute for the difficulties which she will have to undertake for contesting the case at Thane all the way from Patna especially when she has a small child to look after. She wants the case to be transferred to Varanasi which is the permanent place of residence of the respondent’s parents.
3. In our view, there will be sufficient hardship for her to travel all the way to Thane. Only on this short ground, this Transfer Petition is allowed. The Divorce Petition being M.P. No. 49 of 1998 titled Alok Pratap Singh v. Archana Singh pending in the file of 3rd Joint Civil Judge, Senior Division, Thane will stand transferred to the District Court, Varanasi.
4. The learned District Judge, Varanasi may try the petition himself or may transfer it to any other competent court for its trial.
5. No costs.
