Research › Browse › Judgment

Supreme Court of India · body

2004 DIGILAW 1160 (SC)

NEELAM PATHAK v. ALOK KUMAR BHARTI

2004-09-06

B.N.SRIKRISHNA, SHIVARAJ V.PATIL

body2004
ORDER 1. THIS PETITION IS BY THE WIFE SEEKING TRANSFER OF SUIT NO. 59 OF 2003 TITLED AS ALOK KUMAR BHARTI V. NEELAM PATHAK FROM THE COURT OF DISTRICT JUDGE, NEW TIHRI TO THE COURT OF DISTRICT JUDGE, PURNIA, BIHAR ON THE GROUNDS THAT THE PETITIONER HAS A MINOR CHILD OF THREE YEARS; SHE APPREHENDS DANGER TO HER LIFE BY THE RESPONDENT AND THAT SHE HAS NO SOURCE OF INCOME TO TRAVEL THE LONG DISTANCE TO ATTEND THE COURT PROCEEDINGS. 2. THIS PETITION IS RESISTED BY THE RESPONDENT HUSBAND CONTENDING THAT THE RESPONDENT HAD FILED SUIT NO. 59 OF 2003 EARLIER TO THE SUIT FILED BY THE PETITIONER, OF WHICH TRANSFER IS SOUGHT AND, ACCORDING TO THE LEARNED COUNSEL FOR THE RESPONDENT, THE PETITIONER IS ABUSING THE PROCESS OF THE COURT. 3. HAVING SEEN THE GROUNDS RAISED IN THE TRANSFER PETITION AND TAKING NOTE OF THE FACTS OF THE CASE, WE ALLOW THE PETITION. SUIT NO. 59 OF 2003 TITLED AS ALOK KUMAR BHARTI V. NEELAM PATHAK SHALL STAND TRANSFERRED FROM THE COURT OF DISTRICT JUDGE, NEW TIHRI TO THE COURT OF DISTRICT JUDGE, PURNIA, BIHAR.