SONALBEN MOTILAL SONI Vs. SONI RAJESHKUMAR GOVINDLAL

JUDGEMENT

(1.) This application u/S. 24 of the CPC has been preferred for transfer of the proceedings initiated by the respondent and pending in the Court of learned Principal Sr. Civil Judge, Deesa being H.M.P. No. 22/2011 to the competent Court at Ahmedabad.

(2.) The main grounds on which transfer of the proceedings has been sought is that the applicant has to look after two minor children, viz. a son aged about 3 years and a daughter aged about one year. She has to undergo great hardship as she is residing at Ahmedabad at present and the distance between Ahmedabad and Deesa is approximately 185 kms.

(3.) Heard learned Counsel for the respective parties and perused the documents on record. The respondent herein has filed an application u/S. 9 of the Hindu Marriage Act before the trial Court at Deesa, which is pending. At present, the applicant is residing in Ahmedabad at her parental house and she has to look after two infants. The applicant has to travel a distance of about 185 kms on every date for attending the proceedings at the trial Court, Deesa. The respondent is a businessman. Considering the facts and circumstances of the case and since the proceedings are of the year 2011, it would be appropriate to transfer the same to the competent Court at Ahmedabad as the respondent shall have to suffer much lesser hardship as compared to that of the applicant.