PAYALBEN DIPAKBHAI RAJGURU Vs. DIPAKBHAI LABHSHANKARBHAI RAJGURU

JUDGEMENT

(1.) Heard learned Advocate Mr.Brij Sheth for the applicant. Though served, none appears for the respondent.

(2.) By way of this application, the applicant prays for transfer of HMP No.2/2022 preferred by the respondent - husband from the learned Court of Principal Sr. Civil Judge, Dhandhuka to the learned Family Court at Rajkot.

(3.) Considering the submissions made by the learned Advocate Mr.Sheth for the applicant, it appears that the parties to the litigation had got married somewhere in the year 2019 and whereas later on, on account of certain differences, the parties have started residing separately. The present applicant at present is residing with her parents at Rajkot, whereas the respondent is residing at Dhandhuka. It also appears that the respondent husband has preferred an application under Sec. 9 of the Hindu Marriage Act seeking restitution of conjugal rights being HMP No.2/2022 before the learned Principal Sr. Civil Judge, Dhandhuka and whereas on the other hand, the present applicant has preferred proceedings under Sec. 125 of Cr.P.C. being Criminal Misc. Application No.248 of 2022 and another application being Criminal Misc. Application No.278 of 2022 under Ss. 18, 19, 20 , 22 and 23 of Domestic Violence Act. Considering the said fact that the respondent would, in any case, be required to attend the proceedings under Cr.P.C ./ Domestic Violence Act preferred by the applicant - wife, the relative inconvenience which would be caused to the respondent - husband would be far lesser than the inconvenience which would be caused to the applicant wife, if the HMP were to be transferred to Rajkot.