JAMILABEN SULTANBHAI CHAUHAN Vs. FAKIRMAHAMAD IBRAHIM MULTANI

JUDGEMENT

(1.) Present application under section 24 of the Code of Civil Procedure, 1908 (for short "the Code") is filed by the applicant wife to transfer Civil Misc. Application No.51 of 2013 pending with the learned Principal Family Judge, Bhavnagar to appropriate Court at Dhandhuka.

(2.) It is the case of the applicant that she resides at Dhandhuka and got married with the opponent - husband , whereas the opponent husband has preferred Civil Misc. Application No.51 of 2013 in the Court at Bhavnagar. It is the case of the applicant that it will not be possible for the applicant to travel along with her child Mohit and it would be physical and mental harassment to them to travel on each adjournment from Dhandhuka to Bhavnagar. It is also submitted by the applicant that she has filed proceedings under section 125 of the Code of Criminal Procedure, 1973 and under the provisions of the Domestic Violence Act at Ahmedabad Rural. In support of the application, learned advocate Mr. Jayraj Chauhan appearing for the applicant has relied upon decision in case of Sumita Singh V. Kumar Sanjay and another, 2002 AIR(SC) 396, in case of Shobhnaben D/o Pyarelal Kanojia, 2004 1 GLR 893, in case of Sonal Shreyansh Vasa V. Shreyansh Hitenbhai Vasa, 2013 3 GLR 2759 as well as in case of Sunandaben Sanjay Patil Vs. Sanjay Narayan Patil rendered by this Court on 11.7.2008.

(3.) Vide order dated 9.3.2016, this Court has adjourn the matter on 23.3.2016 as learned advocate for the opponent was absent. On 23.3.2016, the matter came to be adjourned to today. Today also, till 4:15 p.m., learned advocate for the opponent has not appeared before this Court and thus, he remained absent. Therefore, the Court is left with no option, but to decide present application in absence of advocate for the opponent.