SUPREME COURT OF INDIA

Before:- Ruma Pal and C.K. Thakker, JJ.

Civil Appeal No. 1512 of 2005 Arising Out of S.L.P. No. 1070/2004 D/d. 28.2.2005.

M. Sivagami - Appellant

Versus

R. Raja - Respondent

Civil Procedure Code, 1908, Section 25 - Proceedings involving matrimonial dispute sought to be transferred by appellant/wife from Coimbatore to Namakkal as she was unable to spend money for travelling by bus from Namakkal to Coimbatore covering distance of 160 Kms - High Court dismissed the transfer petition - In circumstances of the case order of High Court modified by directing respondent/husband to pay initial litigation costs of Rs. 5000 to appellant in order to cover the costs of her and her witnesses coming from Namakkal to Coimbatore and other expenses related thereto.

[Paras 5, 6 and 7]

JUDGMENT

Ruma Pal, J. - Leave granted.

2. The parties were married in 1999. On 26th February, 2001, a child was born to them.

3. The dispute arose between the parties culminating in proceedings under Section 498A of the Criminal Procedure Code filed by the appellant-wife against the respondent-husband. According to the respondent-husband, he has since been acquitted in respect of one of the proceedings and the other proceeding had been withdrawn by the appellant herself. A divorce petition was filed by the respondent-husband on 30th September, 2002 before the Family Court at Coimbatore. The petitioner has been appearing in the proceedings from time to time and cross examined the witnesses produced by the respondent-husband.

4. In June, 2004 she made an application for maintenance in the Court within the jurisdiction of which she resides in Namakkal. She then filed an application before the High Court for transferring the divorce proceedings filed by the respondent from Coimbatore to Namakkal. The High Court has dismissed the proceedings, being of the view that sufficient grounds had not been made out for the transfer of the matter from Coimbatore to Namakkal.

5. Before us it appears that the grievance of the appellant is basically that she has to spend a huge amount of money for travelling by bus from Namakkal to Coimbatore covering the distance of 160 Kms.

6. In the circumstances, we dispose of the appeal by modifying the order of the High Court by directing the respondent-husband to pay a sum of Rs. 5,000/- by way of initial litigation costs to the appellant in order to cover the costs of her and her witnesses coming from Namakkal to Coimbatore and for other expenses related thereto. Such payment of Rs. 5,000/- shall be made by the respondent-husband to the appellant-wife by 1st of March, 2005.

7. It appears that, in the meanwhile, by reason of the non-participation of the appellant-wife, the Family Court had set down the matter for hearing ex-parte for 1/3/2005. Having regard to the subsequent facts, that order is set aside and the Family Court, Coimbatore, will proceed with the matter by fixing fresh date for hearing after giving notice to the parties. It is made clear that the cost of Rs. 1,000/- has been made on the basis of Rs. 500/- per witness. In the event the appellant has to call for more witnesses the respondent-husband shall pay the higher proportionate amount in addition to Rs. 5,000/-.

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