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MCA/1158/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 1158 of 2010
=================================================
NIRALBEN
RAJENDRA PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=================================================
Appearance
:
MR
DIPEN K DAVE for Applicant(s) : 1,MR LAXMANSINH M ZALA for
Applicant(s) : 1,
Mr.DEVANG VYAS, ASST GOVERNMENT PLEADER for
Opponent(s) : 1,
NOTICE NOT RECD BACK for Opponent(s) : 1,
NOTICE
SERVED for Opponent(s) :
2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 22/07/2010
ORAL
ORDER
Notice
was issued on 15th June 2010 returnable on 22nd
July 2010. In response to the notice, respondent-Rajendrabhai
Ghanshyambhai Prajapati is present before the court. RULE.
The Party-in-Person waives service for the respondent.
2. The
respondent, Party-in-Person produced his driving licence for perusal
to establish his identity. On inquiry, he states that he is keen to
go on with HMP No.155 of 2010 filed before the Family Court,
Ahmedabad for divorce under section 13(1) of the Hindu Marriage Act.
The wife is residing at Surendranagar, where she has filed various
proceedings including an application under sec.125 of the Code of
Criminal Procedure. In light of the aforesaid facts it is felt that
the matter is not required to be kept pending to explore possibility
of any amicable solution to the problem.
Having
heard learned advocate Mr.Dipen K. Dave and the
respondent-Party-in-Person, the Court is of the opinion that taking
into consideration the averments made in this application, HMP No.155
of 2010 filed before the Family Court, Ahmedabad, the matter is
required to be transferred to the concerned Court at Surendranagar.
Order accordingly. The Misc. Civil Application is allowed. Rule is
made absolute.
(RAVI
R. TRIPATHI, J.)
karim
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