PUJABEN Vs. RAHITKUMAR KARSANDAS MODI

JUDGEMENT

(1.) BY way of present application, the applicant-wife has inter alia prayed for transferring the proceedings of Hindu Marriage Petition No.42 of 2010 pending in the Court of Principal Senior Civil Judge, Navsari, to the Court of competent Court at Sami or Patan.

(2.) MR.Y.M. Thakor, learned advocate for the applicant, has submitted that the marriage of the applicant and the opponent were solemnized prior to six years; that the applicant has been residing at Sami, District Patan; that the distance of Navsari from Sami is about 450 kms. and it would be too difficult for the applicant to attend the Court proceedings at Navsari and for attending the same, she will have to travel in wee hours along with her minor daughter Ayushi aged 4 years; that the applicant has no source of livelihood and she has been staying at her parental home at Sami; that the litigation filed by the applicant for maintenance is pending in the Court at Sami; that it would not be possible for the applicant to travel to a distance of about 450 kms. at every adjournment and that she is not in a position to attend the Court proceedings at Surat even looking to the expenses to be incurred by her. In view of aforesaid submissions, it is prayed that the said proceedings may be transferred to the competent Court at Sami or Patan.

(3.) IN view of aforesaid, present application is hereby allowed. The proceedings of Hindu Marriage Petition No.42 of 2010 filed by the opponent herein pending before the Court of Principal Senior Civil Judge, Navsari are hereby transferred to the competent court at Sami. The District Judge, Patan is directed to see that the said proceedings are conducted by the competent Court either at Sami or at Patan. Rule is made absolute to the aforesaid extent. No order as to costs. It is hereby clarified that if the opponent herein makes an application to the competent Court for giving him accommodation on a particular date, he may be provided the same and all the proceedings may be kept on the same day for convenience. Direct Service is permitted.