In a significant legal development, a recent court decision addressed the issue of transportation charges in a divorce petition. The court’s detailed analysis and ruling shed light on the considerations taken into account in such cases. Stay informed with the key insights from the court’s decision in our upcoming blog post.
Arguments
- Ms. Ranu Purohit, learned counsel for the respondent-husband, states that the divorce petition filed by the respondent-husband is at an advance stage.
- The distance between the present place of residence of the petitioner-wife and the Family Court at Kota, Rajasthan is less than 200 kilometers.
- The respondent-husband is willing to pay the expenses towards commuting to the petitioner-wife to enable her to appear before the learned Family Court at Kota, Rajasthan for the expeditious conclusion of her evidence and final arguments.
- Referral made to the order dated 14.10.2019, passed by the learned Court of the Additional District and Sessions Judge, Susren, Madhya Pradesh, which recorded the petitioner-wife’s request for transportation charges to appear in the Court along with an attendant.
- Given the advanced stage of the divorce petition, the Court is not inclined to allow the present petition.
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Analysis
- Date-wise tabulated statement marked as Annexure R-1 provided by the wife
- Husband’s evidence concluded
- Wife has not cited any other witness except herself
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Decision
- The matter was last listed on 06.08.2021 for recording the petitioner’s testimony.
- Due to the stay order granted on 20.07.2021, the matter has been adjourned.
- Respondent-husband is directed to pay Rs. 4,000/- to the petitioner-wife for each date of hearing towards transportation charges.
- The transfer petition is disposed of with the above orders.
Case Title: ABHILASHA GUPTA Vs. HARIMOHAN GUPTA (2021 INSC 546)
Case Number: T.P.(C) No.-001027 / 2021
