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MCA/3195/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 3195 of 2010
=========================================================
DHARMENDRA
GHANSHYAM PANDEY - Applicant(s)
Versus
MIRA
DHARMENDRA PANDEY - Opponent(s)
=========================================================
Appearance
:
MR CHETAN PANDYA for SVRAJUASSOCIATES
for
Applicant(s) : 1,
MRMPSHAH for Opponent(s) : 1,
MS. KRUTI M
SHAH for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/04/2011
ORAL
ORDER
1.0 This
application is filed by the applicant for transfer of the proceedings
of Hindu Marriage Petition No. 277 of 2009 pending before the Family
Court at Surat to Family Court at Vadodara.
2.0 The
applicant is the husband of the respondent who has stated that he
has been given threat. The applicant stated in the affidavit that he
has been given threat by family members/relative of the
respondent-wife and inspite of informing to the police authorities
about the same, the police authority is not taking any note in that
regard. Therefore, the applicant has prayed for transfer of the
proceedings.
3.0 The
Criminal Misc. Application No. 12502 of 2010 preferred by the
applicant and this Court passed order on 21.12.2010 and dismissed the
same. Hence, the ground of threat given by the family
members/relatives from the respondent-wife cannot be a ground for
transferring the proceedings. Apart from that an assurance is given
by learned advocate for the respondent that there will not be any
threat given by the respondent to the applicant.
4.0 It
is made clear that if there is threat given to the applicant from the
respondent and if the applicant makes a complaint at the nearest
police station in Surat that there is danger to the life of the
applicant, the police protection will be given.
5.0 In
view of the above, the application stands disposed of.
6.0 Learned
advocate for the applicant stated that he has moved another
application for transfer of the proceedings under Section 125 of the
Criminal Procedure Code in respect of another complaint. However,
that has nothing to do with the present application.
(K.S.JHAVERI,
J.)
niru*
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