Supreme Court of India

Damyanti Devi vs Indrajeet on 28 September, 2007

Supreme Court of India
Damyanti Devi vs Indrajeet on 28 September, 2007
Author: T Chatterjee
Bench: Tarun Chatterjee, Dalveer Bhandari
           CASE NO.:
Transfer Petition (civil)  250 of 2006

PETITIONER:
Damyanti Devi

RESPONDENT:
Indrajeet

DATE OF JUDGMENT: 28/09/2007

BENCH:
TARUN CHATTERJEE & DALVEER BHANDARI

JUDGMENT:

JUDGMENT

O R D E R
TRANSFER PETITION [CIVIL] NO.250 OF 2006

TARUN CHATTERJEE,J.

This is an application filed at the instance of the wife
Damyanti Devi for transfer of divorce proceedings being
Divorce Petition No.417 of 2005, now pending before the
Family Court, Azamgarh, U.P. to the District Court within
Delhi jurisdiction.

We have heard the learned counsel for the parties and
after going through the materials on record, we are not inclined
to transfer the aforesaid divorce proceedings to the District
Court within Delhi jurisdiction as we do not find from the
transfer petition any allegation made against the husband by the
wife nor of his relations harassing the petitioner while attending
the court at Azamgarh, U.P. However, considering the facts
and circumstances of the case, we direct that the husband-
respondent shall pay a sum of Rs.5000/- towards traveling and
boarding expenses to the petitioner-wife with a companion for
each attendance at Azamgarh Court. Such payment shall be
made by the husband to the petitioner at least seven days prior
to her attendance in Azamgarh Court. With these observations,
the transfer petitioner is disposed of with no order as to costs.