PREETILATA BALWANT SINGH Vs. PRAJAPAT SUMITKUMAR BABULAL

JUDGEMENT

(1.) Heard learned Advocate Mr. Kamlesh Kotai on behalf of the applicant who by way of this application seeks transfer of Family Suit No. 80 of 2022 from the learned Family Court, Kutch at Bhuj to the learned Family Court at Mehsana.

(2.) It appears that the respondent though served has chosen not to appear. Having regard to the fact that the present application is praying for transfer under Sec. 24 of the Code of Civil Procedure, this Court deems it appropriate to decide this application even in absence of the present respondent.

(3.) Heard learned Advocate Mr. Kamlesh Kotai on behalf of the applicant who would submit that the present applicant and the respondent were married somewhere in the year 2017 and whereas on account of certain differences the applicant and the respondent are now residing separately. Learned Advocate would submit that the present applicant is at present residing at Mehsana more particularly the present applicant is working as an Assistant Engineer in the office of Executive Engineer, Narmada Project Canal Divison at Mehsana and whereas the respondent has preferred the Family Suit No. 80 of 2022 praying for divorce before the learned Family Court, Kutch at Bhuj and whereas since it would cause great inconvenience for the applicant as a lady to travel from Mehsana to Bhuj which is approximately at a distance of 334 kilometers, and furthermore since it would cause comparatively less inconvenience to the respondent more particularly since there is another proceeding pending at Mehsana preferred by the present applicant for offence punishable under Sec. 498A of the Indian Penal Code. Therefore, learned Advocate would request the present proceedings to be transferred from the Family Court, Kutch at Bhuj to the Family Court at Mehsana.