2014 ALL SCR (O.C.C.) 11
SUPREME COURT
S.P. BHARUCHA AND Y.K. SABHARWAL, JJ.
Sumita Singh Vs. Kumar Sanjay & Anr.
Transfer Petn. (C) No. 396 of 2000
26th February, 2001
Civil P.C. (1908), S.24 - Transfer of matrimonial proceedings - Wife living and working in Delhi - Matrimonial proceedings initiated by husband in Bihar - Contention that wife is educated and working while husband is unemployed - Held, convenience of wife is to be looked at - Proceedings to be transferred to court at Delhi. (Paras 2, 3, 4)
JUDGMENT
JUDGMENT :- This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Ara, Bhojpur to Delhi. It is her case that she is now living and working in Delhi and that she would be unable to travel up and down from Delhi to Ara, a distance of about 1100 Kilometers from Delhi, to defend the matrimonial proc- eedings. She also states that she has no one with whom she can stay in Ara because her parents are residents of Gurgaon.
2. Learned counsel for the husband states that the wife is an educated woman who is doing very well and can, therefore, travel to Ara while the husband is unemployed.
3. It is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.
4. Accordingly, Matrimonial Case No. 30 of 2000 pending before the VIth Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum.
* This judgment was reported earlier in AIR 2002 SC 396 : (2001) 10 SCC 41 and is reproduced here for convenience and ready reference.