SUPREME COURT OF INDIA

Before:- S.P. Bharucha, Doraiswamy Raju and Y.K. Sabharwal, J.

Transfer Petition (C) No. 663 of 2000. D/d. 16.4.2001.

Amita Shah - Petitioner

Versus

Virender Lal Shah - Respondents

Civil Procedure Code, 1908, Section 25 - Matrimonial case - Transfer of case - Husband filed case at place 'D' - Wife residing at place 'C' (13 to 14 hours away) - No one to accompany wife - Further, wife having no place to stay in 'D' - Convenience of wife and child must be considered - Case transferred to place 'C'.

[Para 1]

ORDER

S.P. Bharucha, J. - This is a transfer petition by the wife. She seeks the transfer of the divorce petition filed against her by her husband from the District Court, Delhi to the District Court, Chamoli. It is the case of the petitioner that she works as a teacher in Chamoli and that the three year old child of the marriage is residing with her. The distance between Chamoli and Delhi requires 13 to 14 hours and there is no one to accompany her. Also, that there is no place where she could stay in Delhi. The defence is that the transfer should be effected not to Chamoli but to some place in between, such as Nainital or Almora. The divorce petition has been filed by the husband. He has chosen to file it at Delhi where he is presently residing. The convenience of the wife and, more particularly, the minor child of the marriage must be taken into account. We think that, in these circumstances, the transfer petition must be made absolute.

2. Accordingly, Divorce Petition HMA No. 573 of 2000 pending before the Additional District Judge, Delhi shall stand transferred to the Court of the District Judge, District Courts, Gopeshwar, District Chamoli, Garhwal, Uttaranchal.

3. No order as to costs.

Transfer petition allowed.