KHYATI DHAVALBHAI DALWADI Vs. DHAVAL DINESHBHAI DALWADI

JUDGEMENT

(1.) Heard learned Advocate Mr.P.P. Kasvala appearing on behalf of the applicant and learned Advocate Mr.J.R. Shah for the respondent.

(2.) By way of this application, the applicant has prayed for transferring of HMP No.1079 of 2021 pending before the learned Family Court at Vadodara to the learned Family Court, Ahmedabad.

(3.) Learned Advocate Mr.Kasvala for the applicant would submit that the applicant and the respondent had got married on 30/11/2019 at Ahmedabad, and whereas the parties had started residing at Vadodara thereafter. According to learned Advocate, later on, on account of certain differences between the parties, the wife started residing with her father at Ahmedabad. Learned Advocate would further submit that the applicant had preferred an application under Sec. 125 of the Code of Criminal Procedure claiming maintenance which was numbered as Criminal Misc. Application No.2635 of 2021 pending before the learned Family Court, Ahmedabad over and above an application being Criminal Misc. Application No.4363 of 2021 under the provisions of Domestic Violence Act, which is also pending before the learned Metropolitan Magistrate Court, Ahmedabad. Learned Advocate would submit that since the respondent is required to attend the said proceedings at Ahmedabad, the respondent would not be put to any further trouble, if the family suit instituted by the respondent is transferred to Family Court, Ahmedabad. Learned Advocate would further submit that the present applicant being a lady aged around 34 years, having no means of income, it would be a great hardship to the applicant to travel from Ahmedabad to Vadodara for every hearing. Having regard to such submissions, learned Advocate Mr.Kasvala would request this Court to transfer the proceedings of HMP No.1079 of 2021 from the Family Court, Vadodara to the learned Family Court, Ahmedabad.