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2000 Supreme(SC) 547

2000(7) Supreme 56
SUPREME COURT OF INDIA
S.P. Bharucha, S. Rajendra Babu & Mrs. Ruma Pal, JJ.
M. Premlatha -Appellant
versus
S. Sivaram -Respondent
Transfer Petition No. 221 of 1999
Decided on 13-3-2000

Headnote:Civil Procedure Code, 1908-Section 25-Transfer petition by wife for transfer of matrimonial proceedings filed by husband in Saroornagar, Hyderabad to Kottayam, Kerala-Wife had already filed dissolution of marriage petition in Court at Kottayam-Physical hurt apprehended by wife if she goes to Hyderabad to contest proceedings-In the interest of justice transfer application allowed. (Paras 1 and 2)

       

ORDER

This is a Transfer Petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Saroornagar, Hyderabad to Kottayam, Kerala. It is her case that she had already filed a petition for dissolution of the marriage in the Court at Kottayam where she was residing with her retired parents. She is now working in Bangalore. It appears that the conduct of the husband has caused apprehension of physical hurt, should the wife go to Hyderabad to contest matrimonial proceedings.

2. The husband has been served, has filed the counter but is not represented. The allegation in the counter is that he is apprehensive of going to Kottayam because he apprehends violence from the wife s father who is a "rowdy sheeter". Perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed, accordingly, OP No. 179/98 pending before the Principal Senior Civil Judge, Rangareddy District at Saroornagar, Hyderabad should stand transferred to the Special Court, Kottayam, Kerala. Order on the Transfer Petition accordingly. No order as to costs.

(C.R.) Petition allowed.

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