Judgmentday's blog

In a rare departure from rules, the Supreme Court has directed a woman to pay Rs 10,000 to her estranged husband, who is unemployed, to enable him fight their matrimonial dispute in a Bangalore court.
 
Normally, under Section 125 CrPC, it is the duty of the husband to pay maintenance allowance to the wife or his parents during a divorce proceeding or thereafter.

But in the instant case, the apex court, after noting that the husband was unemployed, directed the wife Ines Miranda to pay Rs 10,000 to husband Santosh K. Swamy, domiciled in Chennai, to fight the legal battle in Bangalore where the wife is staying along with her daughter.

Mahesh,
Gen-Sec, Family Harmony Society, Bangalore.
http://www.498a.org.in
http://www.Family-Harmony.org

Below is the judgment:

ITEM NO.19 COURT NO.6 SECTION XVIA

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL) NO.1268 OF 2009
(For Prel. Hearing)

INES MIRANDA Petitioner(s)

VERSUS

SANTOSH K SWAMY Respondent(s)

(With appln(s) for ex-parte stay)

Date: 14/12/2009 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE DALVEER BHANDARI
HON’BLE MR. JUSTICE A.K. PATNAIK

For Petitioner(s) Mr. S. Gurukrishna Kumar,Adv.
Mr. S.R. Setia,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following
O R D E R

The petitioner is seeking transfer of the
case from Chennai to Bangalore. Her contention is
that it is inconvenient for her to look after the
case at Chennai because she is working in Bangalore
and has a small child. Learned counsel appearing
on behalf of the petitioner submits that it would
not be inconvenient for the respondent-husband to
prosecute the case in Bangalore as he is
unemployed.

The petitioner is directed to pay Rupees
ten thousand as travelling expenses to the
respondent since he is unemployed. Upon deposit of
this amount, notice would be issued and the
proceeding before the Trial Court shall be stayed.

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