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CASE NO.: Transfer Petition (crl.)  103 of 2007

PETITIONER: MANOJ SHAH

RESPONDENT: SARITA DEVI

DATE OF JUDGMENT: 28/01/2008

BENCH: S.B. SINHA & V.S. SIRPURKAR

JUDGMENT: JUDGMENT O R D E R

TRANSFER  PETITION (CIVIL)   NO. 103  OF 2007 WITH TRANSFER  PETITION (CRL)   NO. 61  OF 2007 MANOJ SHAH   ...PETITIONER(S) :VERSUS: STATE OF  BIHAR AND ANR. ...RESPONDENT(S)

       Having heard the learned counsel for the parties, we are of the opinion that keeping   in view the peculiar facts and circumstances of this case and particularly the stand  taken by the respondent herein, we direct that M.H.A. Case No.42/2004 (Old) &  No.190/2005 (New), titled as Manoj Shah vs. Sarita Devi, pending in the Family Court  of Muzaffarpur, Bihar, and Complaint Case No.1399/2004 & Trial No. 672/2006, titled  as Sarita Devi vs. Manoj Shah, pending in the Court of S.D.J.M. (West) Muzaffarpur,  Bihar, be transferred to District Court at Delhi, subject to the condition that the  petitioner shall bear the costs of travel of the respondent Sunita Devi, which is  quantified at Rs. 1,000/- for each day, she appears in Court the at Delhi.  

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       The District Judge shall transfer both these cases to the same Court and the  transferee Court shall see to it that, as far as possible, the dates are fixed in such a  manner that the respondent need not travel to Delhi again and again.   

       The transfer petitions are allowed with the aforementioned directions.