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1999 DIGILAW 337 (SC)

B. S. Jayashree v. Ashok R. Kamble

1999-03-15

D.P.MOHAPATRA, R.P.SETHI, S.P.BHARUCHA

body1999
S.P.BHARUCHA, J. (1) WE have heard counsel for the petitioner and the respondent-in-person (2) HAVING regard to the fact that the petitioner wife is residing in Bangalore with the eight-year-old daughter of the marriage and having regard to the fact that there is another suit which is filed in Bangalore, which the respondent will have to attend to defend, we think it is appropriate that the transfer petition should be allowed. (3) BY our order dated 15-2-1999 we have recorded the statement of the respondent that he would deposit in court within two weeks an amount equal to the cost of six return air tickets, Bangalore to Bombay. Pursuant thereto, the respondent has deposited the sum of Rs.33,708, but he has done so in the Family Court, Bombay, which was not what the order contemplated. In any event, having regard to the order that we pass on the transfer petition, it shall now be open to the respondent to withdraw the said amount and the Family Court, Bombay shall permit him to do so. (4) THE transfer petition is allowed. Petition No. A-596 of 1998, pending in the Family Court at Bandra, Bombay, shall stand transferred to the Family Court, Bangalore. No order as to costs.