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MCA/3635/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 3635 of 2010
=========================================
SWETABEN
KAMALKUMAR AGRAWAL D/O SURESHKUMAR SINGHANIYA - Applicant(s)
Versus
KAMALKUMAR
NARENDRAKUMAR AGRAWAL - Opponent(s)
=========================================
Appearance :
MR
PM VYAS for
Applicant(s) : 1,
MR HIREN P VYAS for Applicant(s) :
1,
MS SEJAL H VYAS for Applicant(s) : 1,
MRS SHILPA R
SHAH for Opponent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/02/2011
ORAL
ORDER
1. The
present application under Section 24 of of the Code of Civil
Procedure has been preferred by the applicant herein-original
opponent-wife of the opponent to transfer the proceedings of Family
Suit No. 1013/2008 pending in the Court of learned Family Court No. 3
at Ahmedabad to the learned Family Court at Surat.
2. Having
heard Shri Vyas, learned advocate appearing on behalf of the
applicant and Ms. Shilpa Shah, learned advocate appearing on behalf
of the opponent and considering the allegations made by the opponent
herein against the applicant made in the divorce petition with
respect to the illness of the applicant, this Court is of the opinion
that looking to the distance between Surat and Ahmedabad the
proceedings pending at Family Court, Ahmedabad is required to be
transferred to Family Court, Surat where the applicant is residing.
3. Ms.
Shilpa Shah, learned advocate appearing on behalf of the opponent
does not invite any further reasoned order while transferring the
proceedings to the learned Family Court at Surat. However, she has
requested that looking to the marriage life of four months only and
the allegations made by the opponent, proceedings before the learned
Family Court, Surat be ordered to be expedited. Hence, this Court is
not issuing any further reasoned order while transferring the
proceedings from the learned Family Court, Ahmedabad to the learned
Family Court, Surat.
4. In
view of the above and without expressing anything on merits with
respect to the allegations made by the opponent against the applicant
made in the divorce petition, the present application is allowed and
the proceedings of Family Suit No. 1013/2008 pending in the Court of
learned Family Court No. 3, Ahmedabad is hereby ordered to be
transferred to the learned Family Court, Surat. The learned Family
Court, Ahmedabad is hereby directed to transfer the proceedings to
the learned Family Court, Surat at the earliest but not later than 15
days from the date of receipt of the present order.
5. In
the facts and circumstances of the case, the learned Family Court,
Surat is hereby directed to expedite the hearing of the aforesaid
suit and see to it that the same is decided and disposed of finally
within a period of one year from the date of such transfer of the
proceedings to that Court. The learned advocate appearing on behalf
of the applicant has assured the Court that the applicant and her
advocate shall fully cooperate with the learned Family Court in early
disposal of the Family Suit and within the stipulated time stated
hereinabove and they shall not take any unnecessary adjournment.
6. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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