C/MCA/2015/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2015 of 2017
ROSHNIBEN ASHISHBHAI SANDANSHIV….Applicant(s)
Versus
ASHISHBHAI NAVAL SANDANSHIV….Opponent(s)
Appearance:
MR HITESH N ACHARYA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 18/08/2017
ORAL ORDER
1. Present application is filed under Section 24 of the Code of Civil
Procedure (‘the Code’) seeking transfer of the Family Suit (HMP)
No.255 of 2017 from Family Court No.4 at Ahmedabad to Family
Court at Surat. The said family suit is filed by the opponent- the
husband of the applicant for divorce under Section 13(1) of the Hindu
Marriage Act, 1955.
2. Learned advocate Mr. Acharya for the applicant submitted that
there are two proceedings filed by the applicant wife, one is
application being Criminal Misc. Application No.757 of 2015 filed
under Section 125 of the Code of Criminal Procedure for maintenance
and another application, being Misc. Application No.3559 of 2015
under the Domestic Violence Act at Surat, where the opponent
husband has been attending those two proceedings. He submitted
that even the opponent husband has also filed one application for
custody of the children under the Guardians and Wards Act in the
Family Court at Surat. Mr. Acharya submitted that the applicant is
residing with her two minor children at Surat at her parental home
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and considering the distance between the city of Ahmedabad and
Surat, it will be very difficult for the applicant to travel alone from
Surat to Ahmedabad to attend the proceedings of the family suit
recently filed in the Family Court at Ahmedabad.
3. Though served with the notice issued for final disposal of the
application, the opponent has chosen not to appear before the Court
and to oppose the application.
4. The Court having heard learned advocate Mr. Acharya finds
that the applicant has averred in the application that she with her two
children, aged 12 years and 6 years respectively, has been residing
at her parental home at Surat and there are three proceedings
pending between the parties at Surat. The distance between
Ahmedabad and Surat is approximately 293 kilometer and it may be
difficult for the applicant to travel such long distance alone just to
attend one proceeding filed by the opponent husband at Ahmedabad.
The Court finds that when the opponent husband has been attending
two proceedings filed by the applicant wife at Surat and when he
himself has filed application for custody of the children at Surat, it
would not be difficult for the opponent to attend the proceedings of
his family suit, if transferred to Surat. Whereas, if such family suit is
not transferred to Surat, the applicant who is otherwise required to
look after her two minor children and considering the distance
between Ahmedabad and Surat, may face much difficulty to attend
the proceedings of the family suit at Ahmedabad.
5. In view of the above, it is ordered that Family Suit (HMP)
No.255 of 2017 pending before Family Court No.4 at Ahmedabad
shall be transferred to the Family Court at Surat immediately on
receipt of the present order. The application stands finally disposed
of.
Direct Service is permitted.
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C/MCA/2015/2017 ORDER
(C.L.SONI, J.)
Omkar
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