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MCA/2197/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 2197 of 2011
=========================================
SHRUTI
BHARATBHAI KOTHARI
Versus
MAKVA
MOHMAD ASLAM NURMOHMAD
=========================================Appearance
:
MR DEVARSHI
D VAIDYA for
the Applicant
SERVED BY AFFIX.(N) for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 30/09/2011
ORAL
ORDER
1. Heard
learned advocate Mr. Devarshi D.Vaidya for the applicant.
2. Present
application has been preferred by the applicant wife,
for transfer of the proceedings of Family Suit No.405 of 2011 filed
by present respondent before the Family Court at Ahmedabad, on
various grounds, more particularly the grounds mentioned in the
application.
3. Learned
advocate for the applicant drew the attention of this Court to para
2.4 of the application, which reads as under:
“2.4)
In the humble submission of the applicant, the filing of the
above mentioned application for restitution of conjugal rights before
the Ld. Family Court at Ahmedabad is only an attempt on the part of
the opponent to harass and mentally torture the applicant by forcing
her to travel to Ahmedabad to attend the Court proceedings on various
dates and thereby to deprive her of her lawful parental custody in
which she is safely placed at present apart from compelling her to
incur avoidable expenses on such journeys and also subject her to
mental fatigue. Further, it will also give an opportunity to the
opponent and his accomplices to again plans some illegal action
against the applicant as she will stand exposed to them from her
safety frequently and that too with the knowledge of such dates to
the opponent….”
3. It is
pertinent to note that the process issued on the respondent at the
address shown by him in the cause title of the Family Suit No.405 of
2011, in which present respondent is applicant, has returned
‘unserved’ with endorsement of the process server that present
respondent is residing at Bhavnagar and considering the same, prima
facie, there appears substance
in the submission made by the learned advocate for the applicant.
4. In the
above view of the matter, the application is allowed. The
proceedings of Family Suit No.405 of 2011 are ordered to be
transferred from Family Court, Ahmedabad to the Principal District
Judge, Bhavnagar. On receipt of the said record and proceedings of
the said suit, the Principal District Judge, Bhavnagar is at liberty
to place the same before appropriate Court.
(G.B.
SHAH, J.)
omkar
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