PARULBEN Vs. ASHWINBHAI RAMJIBHAI SURANI KOLI

JUDGEMENT

(1.) Heard learned advocate Ms. Avnika Panchal for learned advocate Mr. Paresh Vaghela for the applicant and learned advocate Mr. Kumar H. Trivedi for the respondent.

(2.) By way of this application, the applicant prays for transfer of HMP No. 1261 of 2020 pending before the court of learned Family Court, Ahmedabad to the learned Additional Chief Judicial Magistrate at Bhachau, Kutchh.

(3.) Learned advocate Ms. Panchal for the applicant would submit that while the applicant and the respondent have got married some where in the year 2012. On account of differences, the parties are residing separately and whereas the present applicant is residing with her parents at Bhachau, Kutchh. Learned advocate would submit that the present application of which transfer sought for is pending before the Family Court, Ahmedabad and whereas the distance of between Bhachau and Ahmedabad being more than 250 kms and in view of the fact that the present applicant is an unemployed lady, it would cause grave inconvenience to the present applicant for attending the Court proceedings at Ahmedabad. Learned advocate Ms. Panchal would also submit that the present applicant had also preferred an application under Sec. 125 of Cr.P.C. for maintenance against the respondent-husband at Bhachau and whereas the learned Magistrate has granted an amount of Rs, 2000/- as maintenance. Having regard to such submission, learned advocate would submit that this Court may transfer the HMP to an appropriate Court at Bhachau.