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1999 Supreme(SC) 1147

SUPREME COURT OF INDIA
N.Santosh Hegde : V.N.Khare
Geeta Heera
Versus
Harish Chander Heera
Case No. : 292 of 1992
Date of Decision : 10/4/99

V.N.KHARE, J.

(1) THIS petition at the instance of the wife seeks transfer of Divorce Petition No. 6 of 1999 pending in the Court of Civil Judge, Senior Division, Saharanpur, Uttar Pradesh titled as Harish Chander v. Geeta Heera to the Court of District Judge, Kamal, Haryana.

(2) THE grounds for transfer as alleged in the petition are that the petitioner has no sufficient money to attend the proceedings of the suit at Saharanpur and further there is a great danger to her life if she visits Saharanpur in connection with the said proceeding. On the first ground that the petitioner does not have sufficient funds, without going into the second ground, we are satisfied that the divorce petition pending at Saharaipur be required to be transferred to Karnal.

(3) WE, therefore, direct the transfer of Divorce Petition No. 6 of 1999 pending in the Court of Civil Judge, Senior Division, Saharanpur, Uttar Pradesh titled as Harish Chancier v. Geeta Heera to the District Judge, Karnal, Haryana. The District Judge, Karnal on receipt of the record either try the case himself or transfer it to any other competent court for decision. The transfer petition is allowed accordingly. There shall be no order as to costs.

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