PARULBEN HASMUKHBHAI CHAUHAN Vs. HASHMUKHBHAI HARJIBHAI CHAUHAN

JUDGEMENT

(1.) This application is preferred under Sec. 24 of the Code of Civil Procedure, 1908 (for short, 'the Code') seeking transfer of Family Suit No.867 of 2021 from Family Court, Ahmedabad to Family Court, Morbi, at the instance of the applicant-wife.

(2.) Heard Mr.Saurabh S. Rachchh, learned advocate for the applicant and Mr.Krishan S. Sharma, learned advocate for Mr.Devang M. Jadav, learned advocate for the respondent.

(3.) Mr.Rachchh, learned advocate for the applicant submitted that when this application came to be filed, in all, there are three (3) proceedings pending before the Courts at Morbi. However, all the 3 proceedings filed under the different provisions of different laws came to be concluded. However, against the order passed by the Magistrate invoking provisions of the Protection of Women From Domestic Violence Act , 2005, there is a remedy provided by way of an appeal before the Sessions Court of that jurisdiction. He has further submitted that the applicant is aged about 40 years and having daughter aged about 22 years, who is serving with private establishment and it is difficult for her to travel about 380 Kms. to and fro on a given date for attending the Courts at Ahmedabad. He has further submitted that it is not only because of inconvenience to travel alone for about 6 hours to and fro at the age of 40, leaving her major daughter at Mortbi would be difficult. It is further submitted that by transferring the case from Ahmedabad to Morbi where respondent-husband is familiar with advocates as he also faced 3 proceedings there, no prejudice is going to be caused to him and therefore, exercising powers under Sec. 24 of 'the Code', the aforesaid Family Suit pending in the Court at Family Court, Ahmedabad be transferred to Family Court, Morbi.