BHUMIKABEN Vs. TEJASBHAI JAMNADAS NIMAVAT

JUDGEMENT

(1.) By way of present application, the applicant has prayed to transfer the proceedings of Family Suit No. 207 of 2020 from the learned Family Court, Rajkot to learned Family Court, Ahmedabad.

(2.) Brief facts of the present case are summarized as under:

(3.) That, the marriage of the applicant and respondent was solemnized on 9/12/2012 as per Hindu rites and rituals and thereafter, out of their wedlock, one daughter namely Shreya was born on 29/11/2014, but later on matrimonial disputes were arisen between them and the applicant with her minor daughter were driven out from her matrimonial home on 6/9/2020. Thereafter, the applicant filed application being Criminal Misc. Application No. 602 of 2021 under Section 125 of the Criminal Procedure for maintenance and such application was pending before the learned Family Court at Ahmedabad. Later on Criminal Misc. Application No. 969 of 2012 under Sec. 12(1) of the Domestic Violence Act was filed by the applicant which is also pending before the court of learned Metropolitan Magistrate, Ahmedabad. Meanwhile, the respondent has filed Family Suit No. 207 of 2020 for seeking divorce before the court of learned Family Court at Rajkot. As the distance between Ahmedabad to Rajkot is approximately 220 kilometers one way and being alone lady having minor daughter, it is very difficult for her to attend court proceedings to Rajkot. Hence, applicant has preferred present application to transfer such Family Suit to Ahmedabad.