BHAVANA KIRIT TRIVEDI Vs. KIRIT B TRIVEDI

JUDGEMENT

(1.) Parties were heard on the last date and today the matter is kept for dictation of the Judgment.

(2.) This application is filed by the applicant/wife invoking jurisdiction of this court under section 23 (3) read with Section 151 and Section 24 of Code of Civil Procedure, 1908 (hereinafter referred to as the said code). The Applicant has prayed for transfer of Hindu Marriage Petition No. A-794 of 2003 filed by the Respondent pending in the Family court at Bandra, Mumbai to the court of Civil judge (S. D. ) , Patan, State of Gujrat. The case of the Applicant is that she is a resident of patan, Gujrat and the Court at Patan is also having jurisdiction to entertain and try the matrimonial Petition filed by the Respondent. It is not in dispute that the Applicant had filed a Petition for maintenance which was allowed by a Court at Patan. The case of the applicant is that she is residing at Patan along with her mother whose age is 77 years. Her mother is suffering from Asthama and hypertension. The case of the Applicant is that she is required to attend to her mother personally and therefore she is not in a position to move out of the house. Therefore, it is impossible for her to attend the Family Court at Mumbai.

(3.) The application is strongly opposed by the Respondent by filing affidavit- in-reply. Apart from challenging the maintainability of this Application in this Court, it is submitted that there is no Family Court at patan and therefore special machinery which is available in the Family Court at Mumbai is not available in the Court of Civil Judge (S. D. ) at Patan. The apprehension is expressed that the Applicant will harass the Respondent as and when he is required to attend the Court at Patan.