28 September 2007
Supreme Court
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DAMYANTI DEVI Vs INDRAJEET

Case number: T.P.(C) No.-000250-000250 / 2006
Diary number: 9265 / 2006
Advocates: Vs DEBASIS MISRA


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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 \026  Damyanti Devi \026 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.