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Supreme Court Of India
ASHOK BHAN AND DR. A.R. LAKSHMANAN, JJ.
DEEPIKA ALIAS TARA - Petitioner
Versus
MARUTHI KATHARE- Respondent
Transfer Petition (C) No. 852 of 2004,
Decided on April 18, 2005
Civil Procedure Code, 1908, Section 25 - Matrimonial dispute -Transfer of- Divorce petition filed by husband sought to be transferred by wife from family court Chennai to a court at Hubli (Karnataka) -Respondent not opposing the transfer petition but apprehended danger to his life/bodily harm in travelling to Hubli-Therefore the case filed by husband pending before the Family Court at Chennai transferred to the Family Court at Gadak, Karnataka. [Para 2]
ORDER
1. The petitioner wife has filed this petition under Section 25 of the Code of Civil Procedure for transfer of OP No. 1014 of 2004 instituted by the respondent husband under Section 13(I)(ia)(d) of the Hindu Marriage Act from the Family Court, Chennai to a court of competent jurisdiction at Hubli (Karnataka).
2. Counsel for the respondent does not oppose the transfer petition but states that the same be not transferred to Hubli as the respondent apprehends danger to his life/bodily harm in travelling to Hubli. After hearing the counsel for the parties and keeping in view the assertions in the transfer petition and the reply filed thereto, we deem it appropriate to direct that OP No. 1014 of 2004 titled as Maruti Kathare v. Deepika pending before the Family Court at Chennai be transferred to the Family Court at Gadak, Karnataka. Case record be transmitted forthwith to the Family Court at Gadak, Karnataka.
3. The transfer petition is allowed accordingly.
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