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Supreme Court of India

DAMYANTI DEVI vs INDRAJEET on 28 September, 2007

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T.P.(C) No.-000250-000250 - 2006Official PDFBench Tarun Chatterjee, Dalveer BhandariAdvocates DEBASIS MISRA
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

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 husbandrespondent 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.