CHAUHAN ANJANABEN JAYANTIBHAI Vs. CHAUHAN KANAIYALAL MOHANLAL

JUDGEMENT

(1.) Heard learned advocate for the applicant.

(2.) The applicant-respondent/opponent in Application/ suit No. 1356 of 2009 filed by respondent hereinabove has taken out this application under Section 24 of the Code of Civil Procedure for seeking transfer of the said suit/application proceedings filed by respondent from the Family Court, Ahmedabad to that of appropriate Court at Patan, as in the Patan, where the applicant is residing, she was constrained to file proceedings namely Criminal Misc. Application No. 3141 of 2007 for maintenance, Criminal Misc. Application No. 495 of 2008 for seeking relief under The Protection of Women for Domestic Violence Act, 2005 and divorce petition being HMP No. 59 of 2007. She has pleaded hardship in attending the Court at Ahmedabad.

(3.) This Court (Coram: Ravi R. Tripathi, J.) on 2.8.2010 noted that though the HMP No. 1356 of 2009 was filed in the month of November, 2009, the present application was moved in the year 2010 and hence noted that learned advocate for the applicant was to take instruction as to when notice issued in HMP No. 1356 of 2009 was served to the present applicant wife and why there was delay in moving this Court for transfer. The Court (Coram: Ravi R. Tripathi, J.) also call for the details of HMP No. 1356 of 2009, which has now been placed on record. Ultimately, this Court (Coram: D.A. Mehta, J.) issued Rule, which was made returnable on 5.10.2010. The record shows that Rule is duly served but none appears for the respondent and therefore, this Court (Coram: S.R.Brahmbhatt, J.) passed the following order :