LAWS(GJH)-2023-6-2022

HETAL Vs. YOGESHBHAI ARVINDBHAI PATEL

Decided On June 22, 2023
Hetal Appellant
V/S
Yogeshbhai Arvindbhai Patel Respondents

JUDGEMENT

(1.) This application is filed under Sec. 24 of the Code of Civil Procedure, 1908 by the applicant-wife to transfer H.M.P. Suit No.163 of 2023 from the Family Court, Vadodara to the Court of Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Borsad at Anand.

(2.) Heard learned counsel for and on behalf of the applicant. Though served none has appeared for and on behalf of the respondent-husband.

(3.) Facts and circumstances giving rise to filing of the present application are that the respondent-husband has filed petition under sec. 9 of the Hindu Marriage Act being registered as H.M.P. Suit No.163 of 2023 and the same is pending before the Family Court, Vadodara. Prior to filing of the said Suit, the applicant-wife has also filed an application under Sec. 125 of Cr.P.C. for maintenance and an application under the provisions of Domestic Violence Act before the Court of Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Borsad at Anand. The applicant has a seven year old daughter.