SAGAR DILIPBHAI MODI Vs. EKTA PAWAN DUBEY

JUDGEMENT

(1.) The present application is filed by the applicant - husband challenging that the petition being H.M.P. No.4 of 2023 filed by the opponent - wife pending before the Principal Senior Civil Judge, Vapi under Sec. 13(1)B of the Hindu Marriage Act may be transferred to the Family Court, Bharuch.

(2.) Learned advocate Mr.Anurag V. Agrawal for the applicant - husband has submitted that no cause of action is arising for the wife to file petition before the Civil Court at Vapi. He has submitted that wife is a resident of Bharuch and merely mentioning the address of Vapi in the cause title, does not mean that she is residing at Vapi and the Civil Court, Vapi has territorial jurisdiction. He has submitted that the applicant - husband is staying at Bharuch and working in the private company at Bharuch. He has submitted that the opponent - wife may not have any difficulty to appear at Bharuch. He has submitted that this application may be allowed.

(3.) I have heard learned advocate for the applicant. At this stage, this Court has to consider the provisions of Sec. 24 of the Code of Civil Procedure, 1908, which reads as under :