SHILPA HARGOVINDDAS PATEL Vs. VISHNUBHAI CHATURBHAI

JUDGEMENT

(1.) Rule. Mr. P. V. Hathi waives the service of Rule for the respondent. Looking to the nature of the case and on the request of the Counsel for the parties, the matter is taken up for final hearing today.

(2.) The original opponent-wife-petitioner, filed this Miscellaneous Civil Application under Sec. 24 of the C.P.C. praying therein that Hindu Marriage Petition No. 79 of 1997 pending in the Court of Civil Judge (S.D.), Bhavnagar be ordered to be transferred to the City Civil Court at Ahmedabad.

(3.) The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 8-5-1989. Out of this wedlock, one male child, Akash was born. After the marriage differences amongst the couple have arisen and ultimately it has reached to the stage where the husband filed H.M.P. No. 79 of 1997 in the Court of Civil Judge (S.D.), Bhavnagar, for dissolution of their marriage by a decree of divorce. After service of notice of the petition aforesaid, she filed reply to the petition and refuted all the allegations made therein. The petitioner, on 30/09/1997, filed an application under Sec. 24 of the Hindu Marriage Act, 1955, in the Court of Civil Judge (S.D.), Bhavnagar, in which she prayed that the husband-respondent be directed to pay to her Rs. 10,000.00 p.m., by way of interim maintenance for herself and Rs. 5,000.00 p.m., towards maintenance and education of the minor Akash and Rs. 20,000.00 for conveyance from Ahmedabad to Bhavnagar and Advocate's fees. It is not in dispute that this application filed by the petitioner-wife under Sec. 24 of the Hindu Marriage Act, 1955, is pending in the Court of Civil Judge (S.D.), Bhavnagar.