MCA/1782/2008 2/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1782 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= GEETABEN W/O DINESHBHAI DEVSHIBHAI DASA - Applicant(s) Versus DINESHBHAI DEVSHIBHAI DASA - Opponent(s) ========================================================= Appearance : MR ASHISH M DAGLI for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/08/2008 ORAL JUDGMENT
1. Present
application is filed by the applicant wife Geetaben w/o Dineshbhai
Devshibhai Dasa under Section 24 of the Code of Civil Procedure to
transfer the Miscellaneous Civil Application No. 18 of 2008 from the
Court of learned Principal District Judge, Navsari to the Court at
Porbandar.
2. One
pursis / application submitted by the respondent-husband Dineshbhai
Devshibhai Dasa dated 29.7.2008 is placed on record, by which the
respondent -husband has submitted that without admitting the contents
of the present application and without prejudice to his claims and
contentions etc. he has no objection if the relief which is asked for
in para 6(B) is allowed and accordingly Misc. Civil Application No.
1782 of 2008 is transferred from the Court at Navsari to Porbandar.
3. Considering
the above and even on merits and considering the fact that the
applicant is residing at Porbandar and the proceedings are initiated
by the respondent-husband at Navsari and looking to the distance
between Porbandar to Navsari and even considering Section 9 of the
Guardians & Wards Act, 1890, it will be appropriate to transfer
the proceedings of Miscellaneous Civil Application No. 18 of 2008
pending in the Court of learned Principal District Judge, Navsari to
the learned Principal District Judge, Porbandar.
4. Under
these circumstances, the present application is allowed. The
Miscellaneous Civil Application No. 18 of 2008 pending in the Court
of learned Principal District Judge, Navsari is hereby ordered to be
transferred to the Court of learned Principal District Judge,
Porbandar. Rule is made absolute,there shall be no order as to costs.
(M.R.
SHAH, J)
Kaushik