SUPREME COURT OF INDIA

Before:- N. Santosh Hegde and S.B. Sinha JJ.

Transfer Petition (C) No. 538 of 2004 D/d. 20.1.2005.

Sonal Nikhil Shah - Petitioner

Versus

Nikhil Rasiklal Shah - Respondent

Civil Procedure Code, 1908, Section 25 - Transfer of proceedings involving matrimonial dispute - Case was on the verge of conclusion as two witnesses remained to be examined - Wife sought transfer of the case - Prayer for transfer declined as counsel for respondent/husband undertook to examine two witnesses on one single day - However husband directed to pay Rs 3000 to the wife for her each trip provided she did not take any adjournments.

[Para 2]

JUDGMENT

N. Santosh Hegde, J. - Heard learned counsel for the parties.

2. We are informed by Mr. E.C. Agrawala, learned counsel appearing for the respondent-husband that the trial before the Chennai Court is at the concluding stage and only two remaining witnesses shall be examined on one single day. Recording the said statement we dispose of this transfer petition. We also direct that for the next date of hearing the respondent-husband will pay Rs. 3,000/- towards the petitioner-wife's travel expenses, if there is any other days are required for the petitioner to travel again the respondent-husband will pay her Rs. 3,000/- for each trip provided the petitioner does not take any adjournment. Arrears if any towards the past maintenance shall be paid by the respondent husband.

3. With the above observations, this transfer petition is disposed of.

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