BHAVNABEN OMDATT MODHIYA (MULIYA) Vs. ASHOKKUMAR BHIKHABHAI YADAV

JUDGEMENT

(1.) The Court is convened through video conference.

(2.) This Court had issued rule on 22.01.2020 and direct service was granted but the rule was unserved refused. The matter was adjourned thereafter from time to time, however, the respondent put in no appearance, either in person or through an advocate. The other side is duly served and last time, this Court has also observed that learned advocate for the applicant has requested for fresh rule and the same is refused and therefore, as per the settled principles of law under The Evidence Act, it is deemed as served. Further, since sufficient opportunity is given to the respondent, but he has not appeared before this Court and therefore, this Court has decided to have final hearing of this matter.

(3.) The present application under section 24 of the Civil Procedure Code, 1908 (CPC) is filed by the applicant wife seeking transfer of Family Suit No. 1589 of 2019, filed under the provisions of section 13 of the Hindu Marriage Act, 1955, before the Family Court, Ahmedabad to the Family Court at Surendranagar.