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MCA/7/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 7 of 2008
=========================================================
JANALBEN
VIJAY GADHVI D/O HANUBHAI S GADHAVI - Applicant(s)
Versus
VIJAY
PUSHPABEN GADHAVI - Opponent(s)
=========================================================
Appearance
:
MR
PK SHUKLA for the
Applicant.
MR PRASHANT G DESAI for the
Opponent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/03/2008
ORAL ORDER
The
present application has been preferred under section 24 of the Code
of Civil Procedure for transfer of Hindu Marriage Petition No. 87 of
2007 pending before 7th Additional Senior Civil Judge, Bhuj, to
Family Court at Ahmedabad.
2. Having
heard the learned advocates for both the sides and looking to the
facts and circumstances of the case, I see no reason to entertain
this application, mainly for the following facts and reasons:
(i) It
prima facie, appears from the facts of the case that the present
respondent is the husband of the applicant who has instituted Hindu
Marriage Petition No. 87 of 2007 under section 13 of the Hindu
Marriage Act, 1955 for divorce before the Court of 7th Additional
Senior Civil Judge at Bhuj.
(ii) It
also appears from the facts of the case that respondent is residing
at Bhuj. He is a professional at Bhuj since last about 12 years. He
is also living with his parents at Bhuj. The marriage was consumed at
Ahmedabad. The present applicant as well as the respondent lastly
stayed at Bhuj and therefore,the suit has been filed at Bhuj.
(iii) It
also appears from the facts of the case that the present applicant
who is serving as a class II officer in Employees State Insurance
Corporation and as she is staying at Ahmedabad, she wants the matter
to be transferred to Family Court at Ahmedabad. It is also stated by
the learned advocate for the applicant that once in past she was
tortured at the house of the respondent, but this contention is not
sufficient for transfer of Hindu Marriage Petition no. 87 of 2007
mainly for the reason that now the applicant has not to go to the
house of the respondent, but she has to attend the Court. Secondly,
for the reason that there is no infirmity like no income or an infant
child arising out of the wedlock with the applicant. On the contrary,
she is doctor and is serving as a class II officer in Employees State
Insurance Corporation.
(iv) Thus,
only because the present applicant is staying at Ahmedabad is not a
reason for transfer of Hindu Marriage Petition from the Court of 7th
Additional Senior Civil Judge, Bhuj to Family Court at Ahmedabad. It
is a right vested in the opponent to prefer a suit where husband and
wife lastly resided together. No other reason has been advanced by
the applicant for transfer of Hindu Marriage Petition no. 87 of 2007.
3. As
a cumulative effect of the aforesaid facts and reasons, there is no
substance in this application. Hence, the same is hereby dismissed.
Notice is discharged with no order as to costs.
(D.N.Patel,J)
***darji
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