FENNYBEN KISHORBHAI SARVAIYA Vs. YASH KETANBHAI PARMAR

JUDGEMENT

(1.) Heard learned Advocate Mr. Tatvdeep J.Jani for the applicant who by way of this application seeks for transfer of Family Suit No. 3 of 2022 filed by the present respondent before the learned Family Court, Mehsana to the learned Family Court at Bhavnagar.

(2.) At the outset it is required to be noted that the learned Co-ordinate Bench of this Court vide order dtd. 4/2/2022 had issued notice returnable on 23/3/2022 and whereas from the papers supplied by the Registry, it appears that notice has been served upon the mother of respondent no.1 on 15/2/2022. It also appears that even after the present application having been adjourned on a number of ocassions, the respondent no. 2 has not appeared in person or through a learned advocate and hence, this Court deems it appropriate to take up hearing of this application even without the presence of the respondent.

(3.) The learned Advocate Mr. Jani for the applicant would submit that the parties ie the applicant and the respondent had got married in the month of November 2019 and whereas later on, on account of some differences, the applicant herein has returned back to her parental home and whereas at present she is staying at her parental home whereas the respondent husband is residing at Mehsana. Learned Advocate would submit that the respondent husband has preferred an application for dissolution of marriage before the learned Family Court at Mehsana being Family Suit No. 3 of 2022 and whereas considering the fact of the present applicant being an unemployed lady it would be difficult for the applicant to travel from Bhavnagar to Mehsana to attend the said proceedings. Learned Advocate has also brought to the notice of this Court a proceeding preferred by the present applicant of Civil Misc. Application No. 429 of 2021 under the provisions of 125 of the Civil Procedure Code which is pending before the learned Family Court at Bhavnagar. Learned Advocate would submit that the present respondent being required to attend the said proceedings at Bhavnagar, would not be inconvenient in any way if the Family Suit preferred by the husband for divorce is also transferred to Bhavnagar.