ASHABEN Vs. SNEHALKUMAR JAISINH CHAUHAN

JUDGEMENT

(1.) This matter is taken up through video conference.

(2.) The present application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the applicant-wife to transfer the HMP No.5 of 2020 pending with the Court of learned Principal Senior Civil Judge, Prantij to the Family Court at Mehsana.

(3.) The facts in nutshell of the case are that the applicant-wife and opponent-husband got married on 30th May 2002 as per the Hindu rites and rituals and out of the said wedlock, they blessed with two children i.e. a daughter and a son. The applicant-wife was subjected to physical and mental harassment by the opponent-husband. The opponent had filed proceedings for separation before the appropriate forum and therefore, the applicant had realized that her husband was not ready to take back her and her children, therefore it had necessitated to prefer an application before the learned Family Court, Mehsana being Family Suit No. 10 of 2018 and the same is pending. Further, the opponent herein filed a family suit being Family Suit No. 6 of 2018 before the learned Family Court at Gandhinagar praying for judicial separation on the ground of cruelty and the learned Principal Judge Family Court, Gandhinagar was pleased to dismiss the suit of the opponent, the same suit is challeged before the this Honourable Court by filing the First Appeal being First Appeal No. 1315 of 2018 and the same is pending for final hearing before this Court. It is pertinent to note that opponent thereafter only with a view to cause further harassment to the applicant-wife, the suit being Hindu Marriage Petition No. 5 of 2020 came to be filed before the learned Principal Senior Civil Judge, at Prantij, District - Sabarkantha and the Court was pleased to issue show cause notice to the applicant. There are other proceedings also pending before the learned Courts at Mehsana i.e. applications under the provisions of Domestic Violence Act, and application for recovery of maintenance under Section 125(3) of the Criminal Procedure Code. The applicant-wife is residing with her aged parents and she is presently unemployed, therefore, it would be quiet difficult for applicant to attend court proceedings before the learned Principal Senior Civil Judge, Prantij, whereas the opponent would not have any difficulty in attending proceedings before the competent Court at Mehsana. Hence, this application.