VAISHALIBEN VINODCHANDRA CHAVADA Vs. HITESHBHAI NATVARLAL YADAV

JUDGEMENT

(1.) Present application has been filed by the present applicant seeking transfer of Cr. M.A. No.183 of 2019 pending before the learned Chief Judicial Magistrate Court, Botad to Chief Judicial Magistrate Court, Gandhinagar. Heard learned advocates for the respective parties.

(2.) It is submitted by learned advocate for the applicant that distance between Gandhingar to Botad is more than 175 kilometers. It is further submitted by learned advocate for the applicant that it is difficult to travel from Gandhinagar to Botad for hearing of the case with her minor daughter. That there is nobody to take care of her minor daughter in her absence.

(3.) Learned advocate for the respondent has objected for transferring the Cr.M.A. No.183 of 2019 filed by the respondent and pending before the court of learned Chief Judicial Magistrate Court, Botad. That, the respondent is suffering from cancer and his treatment is going on since long. That, the respondent is not in a position to travel Botad to Gandhinagar where the other proceedings are initiated by the present applicant. That, Cr. M.A. No.183 of 2019 filed by the respondent is transferred from Botad to Gandhinagar, respondent will suffer great hardship in travelling from Botad to Gandhinagar. That, the respondent has regularly paid the maintenance amount to the present applicant. Therefore, learned advocate for the respondent has requested to dismiss the present application.