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SCA/12773/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12773 of 2010
=========================================================
DARSHNABEN
D/O KESHAVJI DUDHATRA W/O CHETANBHAI KASUNDRA - Petitioner(s)
Versus
CHETANKUMAR
MAGANLAL KASUNDRA - Respondent(s)
=========================================================
Appearance
:
MR
GAURAV CHUDASAMA for
Petitioner(s) : 1,
MR KJ KAKKAD for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/02/2011
ORAL
ORDER
1. The
petitioner herein has challenged the order dated 30.06.2010 passed by
the Principal District Judge, Rajkot in Civil Misc. Application No.
210 of 2010 and has further prayed to transfer Regular Civil Suit No.
153/2007 from the court of Civil Judge (S.D.) Rajkot to Family Court,
Rajkot.
2. It
is the case of the petitioner that the present petitioner and
respondent got married on 12.01.2006. However, due to certain
reasons, the petitioner was driven out of the matrimonial house. It
is further the case of the petitioner that she filed Civil Suit No.
153 of 2007 in the Court of Civil Judge (S.D.), Rajkot for
cancellation of Marriage Registration. The petitioner on 03.12.2009
preferred application to transfer the said case to Family Court,
Rajkot but the said application was rejected on the ground that the
Family Court does not have jurisdiction.
3. Mr.
Chudasama, learned advocate appearing for the petitioner has
submitted that since 2008 the Family Court has been established in
Rajkot and therefore all the cases related to family disputes have
been transferred to the Family Court, Rajkot. He has submitted that
it is apparently clear from the prayer of the Civil Suit filed by the
respondent that the said suit is relating to family dispute and
therefore the Civil Court has no jurisdiction.
4. As
a result of hearing and perusal of records, this court is of the
opinion that considering Section 8 of the Family Court Act, while
deciding the application below Ex. 11 on 30.06.2010, the trial court
has committed an error in not transferring the case to the Family
Court. In that view of the matter, the petition deserves to be
allowed.
5. For
the foregoing reasons, petition is allowed. The order dated
30.06.2010 is hereby quashed and set aside. The Civil Suit No.
153/2007 which is pending in the Court of Additional Senior Civil
Judge, Rajkot shall be transferred to the Family Court, Rajkot.
Direct service is permitted.
(K.S.
JHAVERI, J.)
Divya//
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