SMITA SIMON MACWAN Vs. SANJAY JOSEPH MACWAN

JUDGEMENT

(1.) PRESENT petition is filed by the petitioner wife under sec.24 of the Code of Civil Procedure to transfer Suit No. 11 of 2007 from the court of learned Principal District Judge, Anand to the Family Court, Ahmedabad.

(2.) IT is the submission on behalf of the petitioner that she is wife and due to matrimonial dispute and as she was driven out, she has to reside at Ahmedabad and only with a view to harass the petitioner, the proceedings have been initiated by the respondent in the court at Anand. It is submitted that it will not be convenient for the petitioner to travel to Anand on every date of adjournment and as she has no independent income, even financially also it is not possible for the petitioner to attend the proceedings at Anand and therefore, it is requested to transfer the proceedings from the Court at Anand to the Family Court, Ahmedabad. The learned advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of Sumita Singh V/s. Kumar Sanjay and another, reported in AIR 2002 S.C. 396, in support of his prayer to allow the present petition.

(3.) THOUGH served, the respondents have chosen not to appear before this Court either personally or through advocate.