BHUMIKABEN ARJUNBHAI GAJIPARA Vs. ARJUNBHAI ASHOKBHAI GAJIPARA

JUDGEMENT

(1.) Heard learned Advocate Mr. Zalak B. Pipalia for the applicant. Though served none appears on behalf of the respondent.

(2.) By way of this application, the applicant seeks for transfer of Family Suit No. 443 of 2021 pending before the learned Family Court at Surat, preferred by the present respondent for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, to the Family Court at Junagadh.

(3.) Learned Advocate Mr. Pipalia would submit that the present applicant and the respondent had married on 10/3/2019 and whereas, after the marriage they were living together. It appears that on account of certain differences, the parties are at present residing separately and whereas, it also appears that the present applicant being the wife had initially preferred an application being Criminal Miscellaneous Application No. 365 of 2020 before the learned Family Court at Junagadh under Sec. 125 of the Code of Criminal Procedure, praying for grant of maintenance, which had been considered and granted by the learned Family Court. It also appears that the present applicant has preferred proceedings under the Protection of Women from Domestic Violence Act , 2005 before the learned Chief Judicial Magistrate, Junagadh being Criminal Miscellaneous Application No. 3 of 2021.