SUPREME COURT OF INDIA

Before:- S.N. Variava and H.K. Sema, JJ.

Transfer Petition (Civil) No. 23 of 2005 D/d. 25.4.2005.

Reema Sethi - Petitioner

Versus

Deepak Sethi - Respondent

Civil Procedure Code, 1908, Section 25 - Transfer of proceedings involving matrimonial disputes - Wife was unemployed and had no independent source of income - Sought transfer of proceeding from Family Court, Indore to Family Court, Bhillai as she would be put to extreme hardship if she was made to go to Indore - Respondent/husband agreed to pay travel and stay expenses whenever wife was required to come to Indore - Transfer petition dismissed with a direction to Family Court, Indore to ensure that husband pays travel and stay expenses of the wife.

[Paras 2 to 4]

Case Referred :-

Shri Deepak Sethi v. Reema Sethi, HMA Petition No. 806 of 2002.

JUDGMENT

S.N. Variava, J. - This petition is filed by the wife seeking transfer of HMA Petition No. 806 of 2002 titled Shri Deepak Sethi v. Reema Sethi from Family Court at Indore (M.P.) to the Family Court at Bhillai, District Durg, Chhattisgarh.

2. The only ground made out is that the Petitioner-wife is unemployed and has no independent source of income. It is also stated that she will be put to extreme hardship if she will be made to go to Indore.

3. On behalf of Respondent-husband it is stated that he is willing to pay all travel and stay expenses on every occasion when she will be required to come to Indore.

4. We dismiss the Transfer Petition with the direction to the Family Court, Indore to ensure that on every occasion, when Petitioner-wife has to attend the proceedings, the Respondent-husband pays the travel and stay expenses of the wife.

5. The Transfer Petition stands dismissed accordingly.

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