FALGUNI Vs. MUKESH RAMANLAL PARMAR

JUDGEMENT

(1.) The present application under Section 24 of the Code of Civil Procedure, 1908 (for short "the Code"), is preferred by the applicant, who happens to be the wife of the respondent for transferring of Family Suit No.113 of 2020 filed under Section 13A of the Hindu Marriage Act (for short "the HM Act") before the Family Court, Gandhinagar by the respondent.

(2.) Brief facts giving rise to the present application are not many and move in a narrow compass. The marriage between the applicant and respondent was solemnized on 23.5.2003 as per the Hindu rites and rituals at village Udham, Taluka Vadgam, District Banaskantha. A daughter named "Parijat" aged about 11 years at present, is born out of this wedlock. Thereafter, differences and disputes arose between the applicant and the respondent as a result of this, the applicant along with the daughter "Parijat" started living with the parents, who are aged about 65 years and 62 years. The applicant had preferred an application being Criminal Misc. Application No.72 of 2013 under Section 125 of the Code of Criminal Procedure, 1973 in the Court of learned Additional Chief Judicial Magistrate, Deesa for maintenance of herself and the daughter "Parijat". The said application came to be partly allowed and the opponent is directed to pay a sum of Rs.12,000/- per month (Rs.9,000/- for the applicant and Rs.3,000/- for the daughter). Thereafter, the applicant has preferred another application, being Criminal Misc. Application No.496 of 2018 under Section 127 of the Criminal Procedure Code in the Court of Learned 5th Additional Civil Judge & Chief Judicial Magistrate First Class, Deesa for enhancement of the maintenance granted under Section 125 of the Code of Criminal Procedure and the same is pending. The respondent, who is working as Deputy Collector currently posted at Botad preferred Family Suit No.113 of 2020 under Section 31 of the HM Act for dissolution of marriage. The applicant has, therefore, preferred the present application under Section 124 of the Code for transfer of Family Suit No.113 of 2020 from the learned Family Court, Gandhinagar to the Court of the learned Senior Civil Judge, Deesa.

(3.) A notice for final disposal came to be issued against the respondent vide order dated 19.3.2021. Despite service of notice, the respondent has not entered his appearance either in person or by duly instructed advocate.