C/MCA/514/2017 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR TRANSFER) NO.514 of 2017
FOR APPROVAL AND SIGNATURE :
HONOURABLE MR.JUSTICE A.J.DESAI Sd/-
1. Whether Reporters of Local Papers may be NO
allowed to see the judgment ?
2. To be referred to the Reporter or not ? NO
3. Whether their Lordships wish to see the fair NO
copy of the judgment ?
4. Whether this case involves a substantial NO
question of law as to the interpretation of the
constitution of India, 1950 or any order made
thereunder ?
SHRUTIBEN SUNILSINH KUSHVAH….Applicant
Versus
STATE OF GUJARAT 1….Opponents
Appearance :
MS. JR ACHARYA, ADVOCATE for the Applicant.
MS REKHA PATEL, AGP for the Opponent No.1.
PARTY-IN-PERSON for the Opponent No.2.
CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 19/04/2017
ORAL JUDGMENT
1. Pursuant to the notice issued by this Court, the
respondent No.2 – Sunilsinh Prapatsinh Kushvah is personally
present before this Court. His identity is verified and he has placed
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C/MCA/514/2017 JUDGMENT
on record copy of Aadhar Card.
2. Rule. Ms. Rekha Patel, learned Assistant Government
Pleader appearing for the respondent No.1 waives service of rule
and Mr. Sunilsinh Pratapsinh Kushvah – respondent No.2 herein
appearing as party-in-person waives service of rule on his behalf –
respondent No.2.
3. By way of the present application under Section 24 of
the Code of Civil Procedure, 1908, the applicant – wife seeks
transfer of proceedings Civil Misc. Application No.5 of 2017 filed
by the respondent No.2 – husband pending before learned Joint
District Court, Gondal to learned Family Court, Ahmedabad.
3. Ms. J. R. Acharya, learned advocate appearing for the
applicant would submit that the respondent No.2 has filed Civil
Misc. Application No.5 of 2017 before learned Joint District Court,
Gondal under the provisions of Guardian and Wards Act seeking
custody of minor daughter Jiya. He would further submit that the
applicant has no source of income and she is residing at her
parental home at Ahmedabad along with her aged parents and
shouldering the responsibility to maintain herself as well as her
minor child. Hence, in this fact situation, it would be difficult for
her to travel to Gondal and attend the proceedings of Civil Misc.
Application No.5 of 2017 filed by the respondent No.2 – husband
pending before learned Joint District Court, Gondal. Hence, the
present petition may be allowed.
4. Mr. Sunilsinh P. Kushvah, respondent No.2 herein
appearing as party-in-person would submit that he has no objection
if the proceedings filed by him before learned Joint District Court,
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Gondal is ordered to be transferred to learned Family Court,
Ahmedabad.
5. I have heard learned advocate appearing for the
applicant and the respondent No.2 appearing as party-in-person
and considered the averments made in the application. I am of the
opinion that since the respondent No.2 has no objection, the
present application requires consideration and hence, the same is
allowed. Civil Misc. Application No.5 of 2017 filed by the
respondent No.2 – husband pending before learned Joint District
Court, Gondal is hereby ordered to be transferred to learned
Family Court, Ahmedabad. Rule is made absolute to the above
extent.
As and when proceedings of Civil Misc. Application
No.5 of 2017 filed by the respondent No.2 – husband before
learned Joint District Court, Gondal is transferred to learned
Family Court, Ahmedabad, the learned Family Court, Ahmedabad is
directed to issue notice to the respondent No.2 and inform him
about the date of hearing that may be fixed.
Direct service is permitted.
Sd/-
(A.J.DESAI, J.)
Savariya
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