The court has the discretion to allow the transfer of a case from one court to another based on the practical difficulties faced by the parties involved.

1. The present Misc.Civil Application is filed praying that:-

”9) B) Be pleased to transfer the HMP / 216/2013 filed before the ld Family Court, Ahmedabad to the Ld. Senior Division Court, Jamnagar.”

2. Heard learned Advocate Mr.Dharmesh D.Nanavaty for the applicant.

3. Rule. Learned Advocate Ms. Kiran D.Pandey waives service of Rule on behalf of the respondent.

4. The facts of the case are set out in paras-3 to 6, which read as under:-

“3) The applicant say and submit that after few months of the marriage, the respondent herein has started giving ill treatment to her and started demanding /compelling applicant to bring more money from her father's house and further demanded freeze, T.V. and other articles, when the applicant informed that the financial condition of her father is poor at that time the respondent got excited and gave mental and physical cruelty and deserted by her husband and given threats if applicant return them the respondent will kill her and therefore, the complaint was filed before the Rajkot Mahila Police Station under Section 498(A), 323, 504, 506(2), 114 of IPC and Section 3 & 7 of the Dowry Act.

4) The applicant say and submit that since the applicant deserved by her husband – respondent herein with malafide intentions, applicant was having no option but to file a complaint being criminal case No.657/2012 under Section 12, 17, 18, 19, 20, 21, 22 and 23 of the Domestic Violence Act before the Chief Judicial Magistrate Court at Jamnagar, trial was commenced and the same was pending for final arguments in the matter.

5) The applicants say and submit that as a counter blast and with a view to harass the applicant the respondent had filed HMP No.216/2013 before the Honourable Family Court at Ahmedabad. The copy of HMP No.216/2013 is annexed hereto and marked as Annexure-A to this application.

6) The applicant says and submits that thereafter nothing further was done in the matter and matter is simply getting adjourned. It is further submitted that since the applicant is not in position to afford rented premises at Ahmedabad for the purpose of facing divorce petition at Ahmedabad and more particularly when the applicant is residing at Jamnagar at a distance of more than 300 kms. Under the circumstances applicant begs to prefer the present application for transfer of the proceedings from Ahmedabad to Jamnagar.”

5. Taking into consideration the contents of the application, the same is allowed. The HMP No.216 of 2013 filed before the Family Court, Ahmedabad is transferred to the Court of learned Principal Senior Civil Judge at Jamnagar.

6. At the request of learned Advocate Ms.Kiran D.Pandey for the respondent, it is clarified that in the event, the respondent is having any grievance, he can take recourse to the remedy available under the law.

7. Rule is made absolute. No order as to costs. Direct service is permitted.