Teena Chhabra v. Manish Chhabra

Teena Chhabra v. Manish Chhabra

(Supreme Court Of India)

Transfer Petition (C) No. 273 of 2003 | 17-09-2004

Shivaraj V. Patil, J.

1. This petition seeking transfer of Petition No. 1689 of 2002, titled as Manish Chhabra v. Teena Chhabra pending in the Family Court at Bandra, Mumbai, to the Court of District Judge, Chandigarh, is filed by the wife on the ground that she is totally dependent on her parents and she has no source of income to travel to Bombay to attend the court proceedings.

2. At the hearing, the learned counsel for the respondent husband submitted that the respondent is ready and willing to bear the expenses of the petitioner wife from Chandigarh to Bombay, whenever her presence is required at Bombay for the purpose of this case, by second class train fare.

3. Having regard to the facts and circumstances of the case, we dismiss this transfer petition, subject to the condition that the respondent will bear the travel expenses of the petitioner from Chandigarh to Bombay, whenever her presence is required at Bombay for the purpose of this case, by second class train fare and rupees five hundred towards incidental expenses for lodging and boarding.

4. No costs.

Advocate List
Bench
  • HON'BLE JUSTICESHIVARAJ V. PATIL
  • HON'BLE JUSTICEB.N. SRIKRISHNA
Eq Citations
  • (2004) 13 SCC 411
  • LQ/SC/2004/1062
Head Note

Civil Procedure Code, 1908 — S. 25 — Transfer of matrimonial suit — Wife seeking transfer of matrimonial suit pending in Family Court, Bombay to District Judge, Chandigarh on ground that she is totally dependent on her parents and she has no source of income to travel to Bombay to attend court proceedings — Held, dismissal of transfer petition subject to condition that respondent will bear travel expenses of petitioner from Chandigarh to Bombay whenever her presence is required at Bombay for purpose of case by second class train fare and Rs 500 towards incidental expenses for lodging and boarding