ZINISHA SUKETU SHAH Vs. DOCTOR SUKETU ASHOKBHAI SHAH

JUDGEMENT

(1.) These two applications are filed by the applicant - wife under Sec. 24 of the Code of Civil Procedure, 1908 (for short "the Code, 1908") praying for transfer of the Family Suit No.1137 of 2021 pending in the Family Court, Ahmedabad filed by the respondent - husband praying for divorce under Sec. 13(1) of the Hindu Marriage Act as also the Family Suit No. 960 of 2021 filed by the respondent - husband praying for declaration and permanent injunction to the effect that wife has no right, title or interest in the properties of respondent - husband, to the Family Court at Nadiad, Kheda, respectively.

(2.) Heard the learned advocates for the appearing parties.

(3.) Mr. Darshan Varandani, learned advocate for the applicant - wife in both the applications, submitted that according to the assertion made by the respondent - husband in his suit, the applicant - wife is medically unfit and therefore, on that ground alone, she should not be asked to commute on adjourned dates from Nadiad to Ahmedabad, even on the willingness shown by the husband to bear the cost of the commutation on all adjourned dates. He has further submitted that the applicant - wife is staying at Nadiad, with her aged parents. It is further submitted that neither the applicant - wife nor her parents are having personal means of transport and to commute in public transport from Nadiad to Ahmedabad, maybe distance between the two would be less, it is most inconvenient to the applicant - wife to travel in a public transport, consuming her at least four hours to and fro for attending the Court at the age of 42.