May 20, 2019:
Supreme Court directed notice in a transfer petition filed by a husband but made it subject to the payment of cost of Rs.50000/- to meet the expenses of the wife who is opposite party in the case.
A bench of Justice Lalit and Justice Malhotra has passed the order in the case titled as ABHIJEET TRIPATHI vs MEGHNA TRIPATHI on 08.05.2019.
Abhijeet had filed a petition in the Supreme Court for getting the case transferred. As per normal practice, any decision has to be taken only upon hearing the opposite party. For this, a notice needs to be issued. Supreme Court directed that the notice be issued to the opposite party but in addition, it also directed that the same would be done if the petitioner deposit costs.
Supreme Court said "Issue notice, subject to the petitioner depositing a sum of Rs.50,000/- (Rupees fifty thousand only) towards the costs of the respondent".
Then Supreme Court directed "Let the sum be deposited within three weeks from today. Notice shall be issued only after the deposit is made".
Now, it is not unusual that in thousands of matrimonial cases, wives are filing petitions for transfer and in such transfer petitions, husbands are normally the opposite party. There would hardily be any such scenario in such cases where Supreme Court would have directed the wife to deposit costs for issuance of notice to husband.
Read the Order here:
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