BHUMIBEN Vs. RUTURAJ MUKUNDBHAI VYAS

JUDGEMENT

(1.) By preferring this application under Sec. 24 of the Civil Procedure Code, the applicant has requested for the following reliefs:-

(2.) Heard the learned advocate appearing for the applicant.

(3.) It appears that the marriage of the applicant was solemnized with the opponent on 28.01.2019 as per the Hindu Marriage Rituals. Thereafter the opponent started harassing the applicant and subjected her to physical, mental harassment and she filed one criminal complaint for the offences punishable under Ss. 498A , 353 , 504 , 506(2) , 114 of the Indian Penal Code on 19.10.2020 before the Mahila police station, Junagadh. It also appears that a maintenance petition under Sec. 125 of the Criminal Procedure Code was also filed by the present applicant against the opponent, which is pending before the Family Court at Junagadh. As per submissions made by the learned advocate for the applicant, at para No.2, proceeding under the Protection of Women from Domestic Violence Act , 2005 is also pending before the learned Family Court at Junagadh. The opponent has filed one H.M.P. i.e. Family Suit No.1824/2020 under Sec. 13(1) (1a) of the Hindu Marriage Act on 19.03.2021 seeking divorce against the present applicant before the Family Court, Ahmedabad, wherein notice was issued and served to the present applicant. The applicant is residing at Junagadh and distance between the two cities i.e. Junagadh to Ahmedabad is around 316 kilometers one way. It would be difficult for the applicant to travel from Junagadh to Ahmedabad for attending the court proceedings i.e. Family Suit No.1824/2020 filed by the opponent pending before the Family Court, Ahmedabad. As other three proceedings are initiated by the applicant, and are pending before the competent court at Junagadh, it would be difficult on the part of the applicant to travel alone from Junagadh to Ahmedabad. The opponent happens to be attending the other proceedings initiated by the applicant pending before the competent court at Junagadh.