TARABEN SURJIBHAI KHARADI Vs. ISHWARBAHI MAVJIBHAI BUJ

JUDGEMENT

(1.) The present application under Section 24 of the Code of Civil Procedure has been preferred by the applicant herein-wife to transfer Civil Misc. Application (Guardian and Wards) No. 12/2010 from the Court of learned 2nd Additional District Judge, Himmatnagar to the Court of learned Principal Family Judge, Family Court at Ahmedabad, to be heard along with HMP No. 730/2010 as well as Civil Misc. Application No. 82/2010 preferred by the applicant-wife.

(2.) Having heard the learned advocates appearing on behalf of the respective parties, it appears that the applicant-wife instituted HMP Suit No. 730/2010 for getting divorce, which is pending in the Court of learned Principal Family Judge, Family Court at Ahmedabad. That thereafter, the applicant submitted another application being Civil Misc. Application No. 82/2010 for interim custody of the minor child. It appears that being served with the Notice of the proceedings of HMP No. 730/2010 as well as Civil Misc. Application No. 82/2010, as a counter-blast, the Respondent-husband instituted Civil Misc. Application (Guardian and Wards) No. 12/2010 in the Court of learned 2nd Additional District Judge, Himmatnagar under Section 7 of the Guardian and Wards Act for declaring that he is the guardian of minor child and the same is based upon document dated 03/07/2010 alleged to be in the form of customary divorce. It appears that as such minor Harshil was studying in the School at Maninagar at Ahmedabad and after obtaining School Leaving Certificate from the School and after taking custody of the child, she has admitted in the School at Himmatnagar. Be that it may, the proceedings initiated by the Respondent-husband at Himmatnagar, District: Sabarkantha are subsequent to the proceedings initiated by the applicant-wife, which can be said to be counter-blast and in the fitness of things, proceedings Civil Misc. Application (Guardian and Wards) No. 12/2010 pending before the Court of learned 2nd Additional District Judge, Himmatnagar is required to be transferred to the Court of learned Principal Family Judge, Family Court at Ahmedabad, to be heard along with HMP No. 730/2010 as well as Civil Misc. Application No. 82/2010 preferred by the applicant-wife.

(3.) In view of the above, the petition succeeds and it is ordered to transfer Civil Misc. Application (Guardian and Wards) No. 12/2010 from the Court of learned 2nd Additional District Judge, Himmatnagar to the Court of learned Principal Family Judge, Family Court at Ahmedabad, to be heard along with HMP No. 730/2010 as well as Civil Misc. Application No. 82/2010 instituted by the applicant-wife. Learned Principal District Judge, Sabarkantha at Himmatnagar is hereby directed to transfer the proceedings of Civil Misc. Application (Guardian and Wards) No. 12/2010 to learned Family Court, Ahmedabad at the earliest. Rule is made absolute accordingly. No costs.