Supreme CourtDivision Bench

Leena Mukherjee vs Rabi Shankar Mukherjee

Supreme Court Of India · Decided on 12 August 2002 · Citation: (2002) 10 SCC 505

HON’BLE JUDGES
S. S. M. Quadri, J · S. N. Variava, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (C) No. 35 of 2001
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Judgment

4 paragraphs · 197 words

S.S.M. Quadri J.-The petitioner is the wife of the respondent. The respondent has filed a matrimonial suit being HMA No. 748 of 2000, titled Rabi Shankar Mukherjee v. Leena Mukherjee in the Court of the learned Additional District Judge, Delhi. The petitioner is a resident of Durgapur, District Burdwan, West Bengal. She states that she is a distressed woman without any financial resources and that with the meagre income which she gets by way of maintenance, it is not possible for her to travel from Durgapur to Delhi to prosecute the case. She also submits that there is nobody to accompany her to Delhi. The above fact is not traversed in the counter-affidavit. Having regard to the circumstances, we think that it would be appropriate to order transfer of the matrimonial suit from the Court of the Additional District Judge, Delhi.

2.

Accordingly, HMA No. 748 of 2000 pending in the Court of the Additional District Judge, Delhi shall stand transferred to the District Judge, Burdwan, West Bengal, who may try the case himself or assign it to any other court having jurisdiction to try the case.

3.

The transfer petition is accordingly, allowed.

4.

No costs.