Full Judgment Text
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PETITIONER:
SMT. KALPANA DEVIPRAKASH THAKAR
Vs.
RESPONDENT:
DR. DEVIPRAKASH THAKAR
DATE OF JUDGMENT: 04/11/1996
BENCH:
B.L. HANSARIA, K. VENKATASWAMI
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
HANSARIA, J.
The petitioner has prayed for transfer of divorce
proceedings pending before the Family Court, Bombay to
Palanpur in the State of Gujarat.
2. Being seized with a matrimonial matter, we thought that
we should make efforts to see if the parties can reconcile.
For this purpose we desired appearance of both the parties-
in-person. Both of them came of 29th October and we heard
their views. It appears to us that reconciliation is not
presently possible for one reason or the other.
3. Insofar as the prayer for transfer is concerned, we
have not felt inclined to grant the same for the following
reasons:-
(a) The husband-respondent is a medical practitioner and
so his absence from Bombay would cause difficulty to his
patients also.
(b) His old and ailing mother lives with him at Bombay who
needs frequent medical check-up and constant care.
(c) The witnesses in the case are principality from Bombay
as would appear from the list of witnesses which was
produced to us for our perusal.
(d) Petitioner-wife, has some near relations in Bombay. The
petitioner, when asked about this fact, did not really deny
the same. She, however, stated that they are not very close
relatives and accommodation with them is insufficient. As,
while coming for the trial, she would be required to stay
for a day or two only at Bombay, this is not a material
objection.
(e) The husband has undertaken to bear the travelling
expenses of the wife as and when she would travel from
Palanpur to Bombay to attend court proceedings. Let him also
bear the expenditure of an escort.
(f) Palanpur is well connected by train with Bombay,
because of which the petitioner would not have to face much
difficulty in undertaking the journey.
4. For the abovesaid reasons, the position is dismissed.