SUPREME COURT OF INDIA
Theja V. Nagarjuna
(Before: V. N. Khare And N. Santosh Hegde, JJ.)
Transfer Petition (Civil) No. 861 of 1999
Decided on: 11-02-2000.
Civil Procedure Code, 1908—Section 25—Transfer petition—Divorce petition filed by husband at Hyderabad—Wife unable to bear expenses on travel from Bangalore to Hyderabad to attend day-to-day proceedings—Wife has minor son and except her aged parents, there is none to accompany her to Bangalore—Wife had already filed petition for Restitution of conjugal rights before Family Court, Bangalore—Divorce petition transferred from Hyderabad to Family Court at Bangalore.
1. This petition is filed seeking transfer of Divorce Petition O. P. No. 7/99 pending before I Senior Civil Judge, Ranga Reddi District Court, Saroor Nagar, Hyderabad, to the Family Court at Bangalore.
2. Notice was issued to the respondent and the office report shows that although the respondent has been served but has not put in appearance in this case. We, therefore, decide the matter ex parte.
3. In the petition, petitioner has stated that she is unable to meet the expenditure of travel to Hyderabad from Bangalore for attending the day-to-day proceeding of the divorce petition and moreover she has a minor son and excepting her aged parents there is none to accompany her to Hyderabad.
4. The petitioner has already filed a petition for Restitution of conjugal rights, which is pending before the Family Court, Bangalore.
5. Under such circumstances, we transfer Divorce Petition O. P. No. 7/99 titled V. Nagarjuna v. V. Theja, pending before I Civil Judge, Ranga Reddy District Court, Saroor Nagar, Hyderabad to Family Court at Bangalore to be heard and decided along with M. C. No. 632/99, pending before the Family Court at Bangalore.
AIR 2000 SC 3529(1) : (2000) 2 Suppl. SCR 653 : (2000) 7 SCC 409 : JT 2000 (9) SC 516 : (2000) 6 SCALE 115