ANJANABEN VIMALKUMAR VAGELA Vs. VIMALKUMAR HIRALAL VAGHELA

JUDGEMENT

(1.) Heard learned Advocate Ms.Tejal Shah for the applicant and learned Advocate Mr.Dhaval Parmar for the respondent.

(2.) By way of this application, the applicant prays for transfer of HMP Case No.117/2021 preferred by the respondent - husband from the learned Family Court, Kheda to the learned Family Court, Ahmedabad.

(3.) Considering the submissions made by the learned Advocates for the respective parties, it appears that the parties to the litigation had got married somewhere in the year 1999 and whereas later on, on account of certain differences, the parties have started residing separately. The present applicant at present is residing with her parents at Ahmedabad, whereas the respondent is residing at Kheda. It also appears that the respondent husband has preferred an application under Sec. 13(1) of the Hindu Marriage Act seeking divorce being HMP Case No.117/2021 before the learned Family Court at Kheda and whereas on the other hand, the present applicant has preferred proceedings under Sec. 125 of Cr.P.C. being Criminal Misc. Application No.1238 of 2019 for maintenance before the learned Family Court, Ahmedabad. Considering the said fact that the respondent would, in any case, be required to attend the proceedings under Sec. 125 of Cr.P.C. preferred by the applicant - wife, the relative inconvenience which would be caused to the respondent - husband would be far lesser than the inconvenience which would be caused to the applicant wife, if the HMP were to be transferred to Ahmedabad.