SUNANDABEN SANJAY PATIL Vs. SANJAY NARAYAN PATIL

JUDGEMENT

(1.) RULE. learned advocate waives service of rule for the opponent.

(2.) THE present application under Section 24 of the Civil Procedure Code is filed by the applicant-wife to transfer H. M. P. No. 1/2006, pending with the learned Principal Senior Civil Judge, Bardoli, District Surat to the District Court, Vadodara.

(3.) IT is the contention on behalf of the applicant that she is permanently residing at Vadodara and that the opponent-husband has preferred H. M. P. No. 1/2006 in the Court at Bardoli only with a view to harass the applicant. It is submitted that distance between Bardoli and Vadodara is 200 kms from the place where she is residing at Vadodara and it will not be possible for the applicant, being a lady, to travel to Bardoli on each and every adjournment. It is also further submitted that the applicant is residing at Vadodara at her parents place as she is driven away. It is submitted that even financially also, it is not possible for the applicant to meet with the expenses for traveling to Bardoli on each date. Shri B. K. Raj, learned advocate appearing on behalf of the applicant has relied upon the decision of the Hon'ble Supreme Court in the case of SUMITA SINGH Vs KUMAR SANJAY reported in AIR 2002 SC 396 in support of his prayer to transfer H. M. P. No. 1/2006 to Vadodara.