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MCA/173/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 173 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
SHEELABEN
D/O CHINUBHAI RATHVA WIFE OF HITESHBHAI BARIA - Applicant(s)
Versus
HITESH
MAHENDRABHAI BARIA - Opponent(s)
=========================================================
Appearance
:
MR
CR MISHRA for
Applicant(s) : 1,
MRS NISHA M PARIKH for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/05/2011
ORAL
JUDGMENT
Present
application, under
section 24 of the Code of Civil Procedure, has
been preferred by the petitioner
– wife, for an appropriate order to transfer the proceedings
of Hindu
Marriage Petition No. 75 of 2009 from the Court
of learned Principal Senior Civil Judge, Bhuj-Kutch to the Family
Court at Ahmedabad or any other Court at Ahmedabad.
It
is the case on behalf of the petitioner
that the petitioner
has been driven out from her matrimonial home and is compelled to
stay at her parental house at Ahmedabad. It is further case of the
petitioner that she has a
minor child aged about 2 years and therefore, it will be very
difficult for the petitioner
to attend the Court at Bhuj-Kutch. It is further the case on behalf
of the petitioner that she
has no source of income and it is not possible for the applicant to
attend the Court at Bhuj on every adjournment due to financial
constraints. Therefore, it is requested to allow the present
petition.
Having
heard Mr.Mishra, learned advocate
appearing on behalf of the petitioner – wife and Ms.Nisha
Parikh, learned advocate appearing
on behalf of the respondent – husband and considering
the facts narrated hereinabove and considering the fact that the
petitioner is alleged to have been driven out and is compelled to
reside at her parental home at Ahmedabad and she has a minor child
aged about 2 years and considering the difficulties to be faced by
the petitioner to attend
the Court at Bhuj-Kutch which is approximately 400 KMs away from
Ahmedabad where the petitioner is
residing at her parental house, present petition
deserves to be allowed.
In
view of the above and for the reasons stated above, present petition
is allowed. Proceedings of Hindu
Marriage Petition No. 75 of 2009 pending in the
court of learned Principal Senior Civil Judge, Bhuj-Kutch are
hereby ordered to be transferred to the Family Court at Ahmedabad.
The learned Principal Senior Civil Judge, Bhuj-Kutch before whom
the proceedings of Hindu
Marriage
Petition No. 75 of 2009 are pending, is hereby
directed to transmit/transfer the proceedings of Hindu
Marriage Petition No. 75 of 2009 to the Family
Court at Ahmedabad immediately. Rule is made absolute accordingly.
No costs.
Direct
Service is permitted.
[M.R.
SHAH, J.]
rafik
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