SARLABEN NANDLAL NARVANI Vs. JAGDISH GHANSYAMDAS JETHWANI

JUDGEMENT

(1.) BY way of present application, the applicant has inter alia prayed to transfer Hindu Marriage Petition No.48 of 2007 filed by the opponent pending before the Principal Senior Civil Judge, Dahod to the Court of Senior Civil Judge at Jamnagar.

(2.) MR.Premal S. Rachh, learned advocate for the applicant, has submitted that the applicant-lady is residing at Jamnagar; that two litigations filed by the applicant herein being Hindu Marriage Petition No.22 of 2010 and Criminal Misc. Application No.680 of 2009 under the provisions of The Protection of Women from Domestic Violence Act, 2005, are pending in the Courts at Jamnagar; that the marriage of the applicant was solemnised at Jamnagar; that Dahod is situated in the most eastern side whereas Jamnagar is situated in the most western side of Gujarat State i.e. in opposite direction at a distance of about 500 kms.; that it would not be possible for the applicant to travel to a distance of about 500 kms. at every adjournment; that the applicant has no means of livelihood; that she is not in a position to attend the Court proceedings at Jamnagar even looking to the expenses to be incurred by her and further looking to the distance of Jamnagar from Dahod, she will have to travel in wee hours to reach Dahod for attending court proceedings. In view of aforesaid submissions, it is prayed that the said proceedings may be transferred to the competent Court at Jamnagar.

(3.) IN view of aforesaid, present application is hereby allowed. The proceedings of Hindu Marriage Petition No.48 of 2007 filed by the opponent herein pending before the Court of Principal Senior Civil Judge at Dahod are hereby transferred to the Court of Senior Civil Judge at Jamnagar. Rule is made absolute to the aforesaid extent. No order as to costs.