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Gayatri Mohapatra v. Ashit Kumar Panda

Gayatri Mohapatra v. Ashit Kumar Panda

(Supreme Court Of India)

CA No. 273 of 2000 | 06-11-2000

Syed Shah Mohammed Quadri, J.

1. The petitioner is the wife of the respondent. The respondent filed Original Petition No.260 of 2000 titled As hit Kumar Panda v. Smt. Gayatri Devi against her, which is pending before the Family Court at Meerut. She seeks transfer of this petition to Family Court at Cuttack, Orissa. The transfer is sought on the ground that she is a lady belonging to weaker section of the society and it will be difficult for her to travel to Meerut and attend the hearing of the case from time to time. There being no male member in the family and the parents being old and not keeping good health, they will not be able to accompany her. In the counter affidavit filed by the respondent, it is stated that the petitioner has personal houses in Delhi. She is a Director in a company run by her mother, which has its branch Office in Delhi. She regularly visits Delhi for the official And personal work. It is added, the petitioner travels Through out the country in connection with the company work and that she also travels most of the time with her father who has retired from the post of D.G.P. Orissa.

2. In the reply to the said counter the petitioner, inter alia, states that petitioner has never traveled alone through out the country in connection with the family business.

3. From the above allegations and counter allegations, it is clear that the petitioner has travelled from one place to another and the ground that she will not be able to travel, cannot be a valid ground to seek transfer of the case.

4. We, therefore, dismiss the Transfer Petition.

5. No costs.

Advocate List
  • none

Bench
  • HON'BLE JUSTICE SYED SHAH MOHAMMED QUADRI
  • HON'BLE JUSTICE S.N. PHUKAN
Eq Citations
  • (2003) 11 SCC 731
  • LQ/SC/2000/1608
Head Note

Civil Procedure Code, 1908 — S. 25 — Transfer of matrimonial proceedings — Transfer sought on ground of hardship to lady petitioner belonging to weaker section of society — Dismissal of — Held, petitioner has travelled from one place to another and ground that she will not be able to travel cannot be a valid ground to seek transfer of case — Transfer petition, dismissed