Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908, seeking to move HMP Case No. 88 of 2007 from the Family Court in Indore, Madhya Pradesh, to the Family Court in Raipur, Chhattisgarh. The respondent-husband expressed concerns for his safety if he were to attend proceedings in Raipur, requesting that the case be transferred elsewhere. In response, the wife's counsel provided assurances that no harm would come to the husband in Raipur. The Supreme Court, considering these assurances, decided to transfer the case to Raipur, while also allowing the respondent the option to seek further transfer if any untoward incidents occurred. The court directed the transferor court to send all relevant records to the transferee court immediately. The transfer petition was thus allowed under the specified terms.
Headnote
A) Family Law - Transfer of Cases - Safety Concerns - Code of Civil Procedure, 1908, Section 25 - The petitioner sought transfer of a family court case to a different jurisdiction, while the respondent raised safety concerns regarding attending proceedings in the new location. The court allowed the transfer based on the assurance from the petitioner's counsel regarding the respondent's safety, with a provision for further transfer if necessary. Held that the case was transferred to ensure judicial proceedings could continue without undue risk (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the case to Raipur poses a danger to the respondent's life.
Final Decision
The Supreme Court allowed the transfer of HMP Case No. 88 of 2007 from the Family Court, Indore, Madhya Pradesh to the Family Court, Raipur, Chhattisgarh, based on the assurance of safety provided by the petitioner's counsel. The court also stated that the respondent could seek further transfer if any untoward incident occurred.
Law Points
- Transfer of cases
- safety concerns
- assurance by counsel
