HEENA KAMLESH PANCHAL Vs. KAMLESH POPATLAL PANCHAL

JUDGEMENT

(1.) BY way of this application under Section 24 of the Constitution of India the applicant-wife has prayed for an appropriate order to transfer the proceedings of HMP No. 997/2005 from the learned family Court at Ahmedabad to the competent Court at Palanpur.

(2.) IT is the case on behalf of the applicant-wife that she has been driven out by her husband and she is staying at her parental house at Palanpur and HMP petition filed by her husband is pending in the Court at Ahmedabad, which approximately 180 kms away from Palanpur. IT is submitted that it will not be convenient and/or the applicant will be facing difficulties to remain present in the Court at Ahmedabad on each and every date of adjournment. IT is submitted that it will cause undue hardship to the applicant physically as well as economically to remain present and/or appear on each and every date of hearing at Ahmedabad. IT is submitted that there are other proceedings pending between the parties at the Court at Palanpur and, therefore, even otherwise, the opponent is required to appear before the Court at Palanpur and, therefore, it is requested to allow the present application.

(3.) IN view of the above and for the reasons stated hereinabove, the present application is allowed and it is ordered to transfer the proceedings of family suit, being HMP N0. 997/2005 from the family Court at Ahmedabad to the competent Court at Palanpur. The learned family Court, Ahmedabad is hereby directed to transfer the proceeding of the aforesaid case to the competent Court at Palanpur at the earliest. Rule is made absolute accordingly. No cost.