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CR.MA/11637/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11637 of 2010
=========================================================
RAJESHRI
BEN RAJENDRA SINH ZALA D/O BALVANT SINH CHANDRA SIN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1,
MS CM SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/10/2010
ORAL
ORDER
Petitioner
is wife of respondent No.2. She has prayed for transfer of
proceedings under the Hindu marriage Act from learned Family Court,
Ahmedabad to Family Court at Vadodara on the ground that she is
residing at Savli and to come to Ahmedabad frequently to defend the
said proceedings is very difficult.
Having
perused the documents on record and considering the facts and
circumstances, I see no reason to grant the request. Distance
between Savli and Ahmedabad is stated to be about 100 k.m. No case
is made out for transfer of the case.
Counsel
for the petitioner, however, submitted that the husband has not paid
any amount towards maintenance fixed by the competent court under
section 125 of the Criminal Procedure Code. The wife shall,
therefore, have to incur the cost out of her pocket for attending
the court case at Ahmedabad. These are, however, not the grounds
on which transfer of proceedings can be ordered in the present case.
However, it would be open for the petitioner to seek execution of the
maintenance order as also pray for alimony pendente lite before the
Court in the pending proceedings. If such an application is filed,
the same shall be decided in accordance with law.
Subject
to the above observations, the petition is disposed of.
(Akil
Kureshi, J.)
(vjn)
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