MITABEN Vs. JIGAR VAJUBHAI GOHEL

JUDGEMENT

(1.) This application is filed by the applicant under Sec. 24 of the Code of Civil Procedure, 1908 praying for transfer of Family Suit No.2022 of 2021 pending in the Family Court, Court No.3, Ahmedabad to competent Court at Dhoraji, District Rajkot.

(2.) Learned advocate for the applicant submitted that the distance between Dhoraji to Ahmedabad is approximately 350 kms one way and the applicant stays at Dhoraji with her parents and it is most inconvenient for her to attend the case at Ahmedabad travelling more than 10 to 12 hours two way for attending the Court for a while. She has further submitted that there are two proceedings filed against the husband at Dhoraji where husband is served with the summons /notice, he has appeared there, and therefore, it is submitted that it would be most convenient for the respondent also to attend all the three cases at one place instead of attending Courts at different places at different time, and therefore, she has submitted that the request made in the application be allowed.

(3.) As against that, Mr. Pandav, learned advocate for the respondent - husband, submitted that though the proceedings are filed at Dhoraji Court, the applicant - wife is staying at Rajkot as narrated in the affidavit-in-reply. He has further submitted that the family members of the applicant are head strong in the area, and therefore, he has a threat to his life, and therefore, it should not be transferred at Dhoraji. For the purpose, he has drawn the attention of the Court at page 28, which is an application made by the father of the respondent addressed to the Police Inspector, Dhoraji requesting to provide Police protection while they go for meeting their daughter in law at Dhoraji. Therefore, he has submitted that it is inconvenient to the respondent - husband to attend the proceedings at Dhoraji because of that reason also and therefore, he has requested that the proceedings may not be transferred as prayed for.