SUPREME COURT OF INDIA

Before:- V.N. Khare and N. Santosh Hegde, JJ.

Transfer Petn. No. 997 of 1998. D/d. 16.3.2000.

Shyamali Ghosh - Petitioner

Versus

Sumit Kumar Ghosh - Respondent

Civil Procedure Code, 1908, Section 25 - Matrimonial suit filed in Alipore West Bengal - Application for transfer of suit is Utter Pradesh - Grounds - Difficulties because petitioner is employed in Delhi - No counter affidavit file by the husband - Suit transferred to the Distt. Judge NOIDA.

[Paras 3 and 4]

ORDER

This transfer petition is at the instance of wife.

2. Despite service of notice, respondent has not put in appearance. We, therefore, proceed to finally dispose of this matter ex parte.

3. The respondent-husband has filed Matrimonial Suit No. 428/97 titled S.K. Ghosh v. Shymali Ghosh, pending before the District Judge, 24 Parganas (South) at Alipore (West Bengal). The said suit has subsequently been transferred to the IVth Court of Additional District Judge. Alipore and renumbered as Matrimonial Suit No. 45/98. The petitioner prays for transfer of the said case on the ground that she is employed in Delhi and it is very difficult for her to attend the day-to-day proceeding at Calcutta. No counter affidavit has been filed to deny the allegations stated in the petition.

4. We accordingly transfer the matrimonial Suit No. 45/98 pending before the IVth Court of Additional District Judge, Alipore to the District Judge at Gautam Budh Nagar, NOIDA (U.P.) who may either decide the case himself or transfer it to any other competent Court for decision.

5. The transfer petition is thus allowed.

Petition allowed.