HIRALBEN Vs. NISHANT DHARMVADAN SHAH

JUDGEMENT

(1.) Present application has been filed by the present applicant seeking transfer of Family Suit No.47 of 2019 pending before the learned Family Court, Surendranagar to learned Family Court, Surat.

(2.) Heard learned advocates for the respective parties.

(3.) It was submitted by learned advocate for the applicant that the distance between Surat to Surendranagar is 361 k.m. approx..and it is a journey of around 7 hours by road, so it is very difficult for the applicant to go to Surendranagar on every date of the Court proceedings pending before Surendranagar. That, the applicant is living with her father and he is suffering from some health issues as he was diagnosed with cancer in the year 2000. That, under such circumstances, it would be extremely difficult for the applicant to visit the Court at Surendranagar . That, the applicant's father is not able to walk and even doctor had suggested for the knee replacement surgery so presence is required with her father all the time so it is very difficult for the applicant to go and contest the Family Suit No. 47 of 2019 filed by the respondent -husband before the Family Court, Surendranagar. He has relied upon the decision of the Hon'ble Apex Court rendered in case of Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap passed in Civil Appeal Nos. 6159-6160 of 2016 (Arising out of SLP (C)Nos. 15558-15559 of 2014) as well as decision of the Hon'ble Apex Court rendered in Transfer Petn. (C)No. 396 of 2000 dated 26.2.2001.