SUPREME COURT OF INDIA

Before:- K.T. Thomas and M.B. Shah, JJ.

Transfer Petn. No. 53 of 1999. D/d. 25.2.2000.

Sonu - Appellant

Versus

Prakash - Respondent

Hindu Marriage Act, 1955, Section 13 - Civil Procedure Code, 1908, Section 25 - Transfer of Case - Request for transfer of Divorce petition filed by husband - Husband not disputing relief of transfer claimed by wife - Case transferred to the place where wife was residing with direction as to early disposal.

[Paras 2 and 3]

ORDER

This is a petition for transfer of a divorce petition filed by the respondent-husband before the Family Court, Bangalore. Petitioner is a wife and she is residing at Udaipur and hence she prays that the divorce petition pending in Bangalore Family Court will be transferred to the Family Court at Udaipur.

2. Respondent has appeared in person. He is not disputing the prayer of the petitioner that the case must be transferred to Udaipur as he also admit that petitioner is a resident of Udaipur. All that he prays for is that a direction may be given to the Family Court of Udaipur to post the case on a day-to-day basis when he reaches Udaipur so that the petition can be disposed of. We feel that the said prayer is very reasonable considering the very far distance he has to cover for prosecuting the divorce petition.

3. In the result we allow this petition and order transfer of MC No. 479/98 from Family Court Bangalore to Family Court at Udaipur. We make a direction to the Judge of the Family Court that the day when respondent-husband appears for prosecuting his petition the same shall be posted thereafter on a day-to-day basis until the evidence is closed and the petition shall be disposed of in the same rhythm. This is to afford the relief to the respondent who has otherwise to travel the long distance on account of the transfer granted as per this order.

4. Transfer Petition is disposed of accordingly.

Order accordingly.