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Amisha Hinduja Vs. Manish Hinduja [2008] INSC 665 (21 April 2008)

ASHOK BHAN & DALVEER BHANDARI O R D E R TRANSFER PETITION(C) NO.950 OF 2007 Petitioner-wife has filed this transfer petition under Section 25 of the code of Civil Procedure, 1908 seeking transfer of HMP Case No.88 of 2007 pending before the Family Court, Indore , Madhya Pradesh to the Family Court, Raipur, Chhattisgarh.

Notice was issued to the husband-respondent and he is represented before us.

Counsel appearing for the respondent-husband states that there is a danger to the respondent's life if he goes to Raipur and prays that this case be transferred to any other place than Raipur. Per contra, counsel appearing for the wife assures that no harm shall be caused to the husband on his coming to Raipur to attend the proceedings.

On the assurance given by the counsel appearing for the wife, we transfer the aforesaid case No. 88 of 2007 from the Family Court, Indore, Madhya Pradesh to the Family Court, Raipur, Chhattisgarh. We make it clear that if any untoward incident happens, the respondent is put at liberty to approach this Court for transferring this case to a place other than Raipur.

The transferor court is directed to transmit the entire record related to the aforesaid case to the transferee court forthwith. The Transfer Petition is allowed in the above terms.


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