DIVYABEN NANKRAM KRIPLANI Vs. NANKRAM KUNDANDAS KRIPLANI

JUDGEMENT

(1.) Parties in these two applications are common and prayer is in respect of transferring of the proceedings from Family Court, Rajkot to Family Court, Ahmedabad is involved, therefore, both these applications are being heard and disposed of by this common judgment and order.

(2.) The applicant-wife, who has been joined as respondent in Misc. Civil Application No. 32 of 2009 filed by respondent hereinabove for seeking custody of child and Family Suit No. 222 of 2009 filed by husband respondent hereinabove in the Court of Family Court, Rajkot for restitution of conjugal rights, has approached this Court under Section 24 of the Code of Civil Procedure for seeking transfer of these proceedings to that of Family Court at Ahmedabad as she has a child, who is prosecuting his studies at Ahmedabad and she has to maintain herself as well as child in a meager amount of maintenance of Rs.3500=00, that too, not being paid regularly by the respondent husband. Facts in brief leading to filing these applications are as under.

(3.) The applicant and respondent were married in the year 2005. Out of said marriage, child was borne, who is at present residing with applicant wife and prosecuting his studies at Ahmedabad. On account of serious dispute between the two, the applicant was compelled to start leaving at Ahmedabad with her parents and she had to file Criminal Misc. Application No. 36 of 2007 in the Competent Court at Ahmedabad for seeking maintenance for herself as well as for child, which was ordered to be paid by the husband by the Competent Court to the tune of Rs.2500=00 p.m. for wife and Rs.1000=00 p.m. for son. The respondent-husband has filed two proceedings namely Misc. Civil Application No. 32 of 2009 for seeking custody of child and Family Suit No. 222 of 2009 for restitution of conjugal rights against wife. The wife has pleaded hardship for having those matters transferred to Family Court at Ahmedabad.