BHARTIBEN RAVIBHAI RAV Vs. RAVIBHAI GOVINDBHAI RAV

JUDGEMENT

(1.) This transfer petition filed under Sec. 25 of Code of Civil Procedure for transfer of H.M.P. No. 1668 of 2015 titled as 'Ravibhai Gobindbhai Rav Vs. Bhartiben Ravibhai Rav' pending before the Family Court Judge, Ahmedabad at Gujarat to the Court of Competent Jurisdiction at Dungarpur, Rajasthan.

(2.) The marriage between the petitioner and the respondent was solemnized on 19.02006 and the couple was blessed with two sons namely Meshvasinh and Aeshvasinh who are aged eight years and seven years respectively. The relationship between the couple was strained and it is alleged that in Sept., 2015 the petitioner-wife was thrown out of her matrimonial house. The respondent-husband filed divorce petition being H.M.P. No.1668 of 2015 before the Family Court, Ahmedabad under Sec. 13(1) of the Hindu Marriage Act, 1955 of which the petitioner-wife seeks transfer.

(3.) The transfer petition is strongly objected to by the respondent-husband on the ground that he is employed in Ahmedabad and that he is taking care of his two sons, apart from his aged parents. The petitioner-wife, on the other hand, contends that the distance between Ahmedabad and her place Dungarpur, Rajasthan is about 200 kms. and that she finds it difficult to travel to Ahmedabad to contest the divorce petition. That apart, the petitioner-wife has also raised difficulty in pursuing the Divorce Petition in Ahmedabad because of the language problem, as she is not well-acquainted in Gujarati.