EKTA GOPALBHAI BHAVSAR Vs. MANISHKUMAR BABUBHAI MISTRY

JUDGEMENT

(1.) Present application is filed by the applicant - wife under section 24 of the Civil Procedure Code, 1908 (CPC) seeking transfer of Hindu Marriage Petition No. 22 of 2019 (HMP), filed by the respondent herein - husband for divorce under the provisions of section 13 of the Hindu Marriage Act, 1955 before the Family Court at Bharuch, to the Court of learned Chief Judicial Magistrate at Vadodara.

(2.) Pursuant to the rule issued by this Court, as far as back on 17.09.2019, nobody appears for the respondent - husband. The matter is of 2019. While, admitting the matter, interim relief staying the proceedings of the HMP in question came to be granted by this Court, which is operative. That, thereafter, the matter was adjourned from time to time, but the respondent has put in no appearance, either in person or through an advocate to represent his case. Accordingly, this matter is heard finally today.

(3.) Facts in nutshell of the present case are that, marriage of the present applicant and the respondent was solemnized on 21.01.2016 as per the Hindu rites and rituals. That, out of the said wedlock they have one child. That, after the marriage, for some time, their marriage life went on good, but then, allegedly, the respondent, started giving physical and mental torture to the present applicant, which, eventually, led to the irreparable break down of the marriage and therefore, the respondent herein filed a Hindu Marriage Petition No. 22 of 2019 before the Family Court at Bharuch.