Judgment Ravi R. Tripathi, J.—Heard Learned Advocate Mr. Dhaval Vakil appearing for the respondent in this application. 2. An affidavit in reply is filed on behalf of the respondent affirmed by Mr. Vitrag Nilendrubhai Bhandari running into as many as 8 pages. Along with the affidavit, there are annexures from R-1 to R-4 containing as many as 14 pages. 3. When it is put to Learned Advocate for the respondent as to what the respondent is doing in life, he submitted that he is doing business. When it is further inquired as to what is the business, he submitted that I do not know as to what is the actual business of the respondent as he is doing 2 to 3 businesses, of which, which one is handled by the respondent he does not know. 3.1 When it is further inquired as to what Mr. Shrenikbhai ‘brother of his wife’ applicant is doing, he submitted that, I do now know. 4. Without mentioning anything about aforesaid factual position, an affidavit is filed wherein it is stated that, ‘he has danger to his life in Navsari’. The learned Advocate for the applicant invited attention of the Court to Annexure-R-2. It is a communication from the respondent to the Mamlatdar, Navsari dated 30.01.2010. On the face of it, this communication is made with a view to see that in case any transfer application is filed in future, can be objected. 4.1 The respondent coming from Ahmedabad with a ‘direct service’ of the process issued by the Family Court handed over the same to the learned Principal Civil Judge (S.D.), Navsari, who is turn asked the Bailiff of the Court to serve the said process to the wife-applicant herein at her residence. It is stated in the said letter that, ‘after the process was served, Smt. Ritaben Ashvinbhai Gandhi ‘mother of the wife’ applicant and Shri Shrenikbhai Ashvinbhai Gandhi ‘brother of the wife’ applicant got excited and taking the process of the Court served by the Court officer in their hand, they threatened the respondent in a high tone’. It is further stated that, my mother-in-law stated that, ‘I will see to it that you and your mother and all other family members are sent behind the bars or else my name is not Ritaben’.
It is further stated that, my mother-in-law stated that, ‘I will see to it that you and your mother and all other family members are sent behind the bars or else my name is not Ritaben’. It is further stated that Shri Shrenikbhai ‘brother of my wife told me that, ‘I will see how you go out of Navsari alive’. This is nothing but a got up story. 5. Taking into consideration the averments made in the application, affidavit filed by the respondent and taking into consideration the falsehood contained in the affidavit, the application is allowed. HMP No. 77 of 2010 pending before the Family Court, Ahmedabad under Section 13(a) of the Hindu Marriage Act, 1955 is transferred to the District Court, Navsari. Rule is made absolute. No costs.