SAPNA HARSHADBHAI PARMAR Vs. JAYDIP SHANKERBHAI RATHOD

JUDGEMENT

(1.) THE present application is filed by the applicant-wife under Section 24 of the Civil Procedure Code to transfer Civil Case No. 760/2007, pending in the Court of learned Family Court, to the Court of Bhavnagar.

(2.) IT is the contention on behalf of the applicant that the applicant is the wife and is residing at Bhavnagar and other proceedings are pending at Bhavnagar. It is submitted that the applicant is a lady and there is no one in the family, who resides at Ahmedabad. Because of the pending proceedings, the applicant, on each and every occasion, alone has to travel to Ahmedabad and even financially also it is not possible for the applicant to meet with the expenses. Therefore, it is requested to transfer the proceedings from the Family Court, Ahmedabad to the Bhavnagar Court.

(3.) LEARNED advocate appearing on behalf of the applicant has heavily 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. It is submitted that as observed by the Hon'ble Supreme Court, it is the convenience of the wife that must be looked at.