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MCA/531/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 531 of 2011
=========================================================
PALAK
PRAGNESH PATWA - Applicant(s)
Versus
PRAGNESH
NARENDRABHAI PATWA - Opponent(s)
=========================================================
Appearance
:
MR
NEHUL L DAVE for
Applicant(s) : 1,
RULE SERVED BY DS for Opponent(s) : 1,
MR BK
OZA for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/03/2011
ORAL
ORDER
This
application has been preferred for transferring the H.M.P. Suit No.
1223 of 2010 filed by the opponent-original respondent from the
Family Court at Ahmedabad to the Court of Civil Judge, Senior
division at Anjar-Kutch.
Learned
advocate for the applicant has contended that the applicant has to
travel approximately 6 to 7 hours for attending the proceedings of
H.M.P. Suit No. 1223 of 2010 filed by the opponent at Family Court,
Ahemadabad. Further, the applicant has four years old son and she has
been deserted by the opponent. The applicant has filed maintenance
proceedings vide Criminal Misc. Application No. 108 of 2010 before
the Judicial Magistrate, First Class, Anjar at Kutch. Keeping in mind
the fact that the applicant has four years old child and she has to
travel 6 to 7 hours from Anjar to Ahmedabad, it will be appropriate
to transfer the proceedings of H.M.P. Suit No. 1223 of 2010 filed by
the opponent-original respondent from the Family Court at Ahmedabad
to the Court of Civil Judge, Senior division at Anjar-Kutch.
Accordingly, H.M.P. Suit No. 1223 of 2010 filed by the opponent in
the Family Court at Ahmedabad shall be transferred to the Court of
Civil Judge, (Senior Division), Anjar-Kutch. The trial Court may hear
both the proceedings together. Rule is made absolute accordingly with
no order as to costs.
(K.S.JHAVERI, J.)
niru*
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