VARISHA VARUN SHAH Vs. VARUN JITENDRAKUMAR SHAH

JUDGEMENT

(1.) Heard learned Advocate Mr. Keval H. Bhatt for the Applicant - Wife and learned Advocate Mr. Dipen Desai for the Opponent - Husband through video conference.

(2.) The Applicant - Wife (Original Opponent) has filed this Miscellaneous Civil Application under Sec. 24 of the Code of Civil Procedure, 1908 for transferring the Family Suit No. 20 of 2021 pending with the Family Court at Gandhinagar to the Family Court at Ahmedabad on the grounds mentioned in the Application.

(3.) The facts in nutshell are that the Applicant is a legally wedded wife of the present opponent. The marriage between the parties took place on 22/1/2013. It is stated in the memo of application that since the inception of marriage, the applicant was subjected to physical and mental atrocity at the hands of the opponent and her family members. The Applicant has filed Criminal Miscellaneous Application No. 1156 of 2020 under Sec. 125 of the Code of Criminal Procedure for getting maintenance of herself and a minor daughter before the learned Family Court at Ahmedabad. That the Applicant is living with the aged parents, younger brother and a minor daughter Prisha. The Applicant is living a miserable life and is now without any sufficient means to survive because the Opponent has deserted the Applicant without providing any sufficient means to survive and the Applicant is now constrained to live a miserable life since last three years. The Applicant has therefore approached this Hon'ble Court by way of filing this Application for transfer of Family Suit No. 20 of 2021 pending before the learned Principal Judge, Family Court at Gandhinagar to the learned Family Court at Ahmedabad on the grounds mentioned in the memo of Application.