Shah Babu Lal vs Mela Ram

G.B. Pattanaik and; U.C. Banerjee, JJ.-This is a transfer petition filed by the wife in respect of the matrimonial proceedings filed by the husband before the Additional District Judge, Karkardooma, Delhi.

The wife has a child, approximately three years old, with her in Bombay. She avers that she has no source of income and no one to travel with her from Bombay to Delhi. In the circumstances, she is unable to satisfactorily defend the divorce petition. It is contended on behalf of the husband that the transfer petition should be dismissed, and that he will pay for the wife''s transport between Bombay and Delhi along with an escort, whenever required, as also pay for the travel of her witnesses in the matrimonial proceedings.

This misses two points. The first relevant circumstance is that there is a very small child with the wife in Bombay and the second is that the wife does not have anybody who can conveniently accompany her to Delhi. Apart from this, as is shown by the counter, there are already proceedings in Bombay which the husband has to defend. We think, in the circumstances, that the transfer petition should be allowed.

Accordingly, HMA No. 297 of 1999, pending in the Court of the Additional District Judge, Karkardooma, Delhi is transferred to the Court of the District Judge, Navi Mumbai, Maharashtra.

In the event that the jurisdiction vests with the Family Court, Bombay and not the District Judge, Navi Mumbai, an appropriate application may be made.

No order as to costs.