VASANTBEN GOVINDBHAI VAIKARIYA Vs. GOVINDBHAI THAKARSHIBHAI VAIKARIYA

JUDGEMENT

(1.) RULE. Learned advocate Mr. Mrugen Purohit waives service of rule on behalf of the opponent. With the consent of parties, this matter is taken up for final hearing today.

(2.) By filing this application, the applicant-wife has prayed to quash and set aside the order dated 25.05.2005 passed by Principal District Judge, Rajkot in Civil Misc. Application No. 437 of 2006 whereby her application for transfer of Hindu Marriage Petition No. 5 of 2006 from the file of Principal Senior Civil Judge, Gondal to any of the Civil Court at Rajkot came to be dismissed.

(3.) The respondent-husband initiated HMP No. 5 of 2006 before the Civil Judge, Gondal for declaring the respondent's marriage with the present petitioner as null and void on various grounds as narrated in the Marriage Petition. On receiving the summons of the said proceedings, the petitioner-wife preferred an application for transfer of the aforesaid case from Gondal Court to Rajkot Court. In the application for transfer, which at Annexure 'D' page 32 onwards in the compilation of this application, she has contended that she is residing at Rajkot; she being a lady, finds it very difficult to go to Gondal, and, she apprehends that some untoward incident may happen at Gondal. It is, therefore, prayed that the Marriage Petition may be transferred from Gondal to Rajkot. Learned Principal District Judge, Rajkot has rejected the said application on the ground that the Civil Court at Rajkot has no jurisdiction to entertain and decide the Marriage Petition as neither the marriage was solemnized within the territorial jurisdiction of the Civil Court at Rajkot nor the respondent is residing within the territorial jurisdiction of the Civil Court, Rajkot, nor the parties have lastly resided together within the territorial jurisdiction of the Civil Court, Rajkot. The learned Judge observed that "the request for transfer and other difficulties narrated in the petition regarding cost etc. can be solved by presenting the petition to the respective Court under Sec. 24 as well as other provisions of law".