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2023 Supreme(Guj) 142

NIKHIL S. KARIEL
Sunitaben M. Vasava D/o. Manharbhai Vasava – Appellant
Versus
Amitbhai I. Oza S/o. Indravadan Oza – Respondent


Advocates Appeared:
For the Applicant : Himanshi R. Balodi.
For the Respondent: Mr. J.F. Mehta.

JUDGMENT :

1. Heard learned Advocate Ms.Himanshi Balodi for the applicant and learned Advocate Mr.J. F. Mehta, who submits that he has instruction to appear on behalf of the respondent and he seeks permission to file his reply. Permission is granted. The reply filed by the respondent is taken on record.

2. Issue Rule returnable forthwith. Learned Advocate Mr.Mehta waives service of notice of Rule for the respondent.

3. By way of this application, the applicant prays for transfer of Family Suit No.1226 of 2022 from the learned Family Court, Ahmedabad to the learned Chief Judicial Magistrate’s Court, Rajpipla.

4. Learned Advocate Ms.Balodi for the applicant would submit that the parties had got married on 2.12.2020 and whereas later on, on account of certain differences, they are at present residing separately. Learned Advocate would submit that the applicant is a mother of a minor daughter, who is aged a little more than one year as of now. Learned Advocate would further submit that while the present respondent has preferred the present application being Family Suit No.1226 of 2022 for declaring the marriage as void under Section 12B and 12C of Hindu Marriage Act, on the other hand,

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