Jurisdiction is vested with the District Court where the minor is residing, and parties cannot pick and choose jurisdiction of the Court as per their wishes.

ORDER :

1. Heard learned advocate Mr. Dipal R. Ravaiya for the petitioner-wife.

2. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner-wife has prayed for following the reliefs;

“(A) Be pleased to admit and allow this petition;

(B) Be pleased to quash and set aside the order dated 24.11.2023 passed by Principal District Judge, Junagadh in Civil Misc. Application No.161 of 2023;

(B) Be pleased to transfer the Civil Misc. Application No.41 of 2022 filed by the petitioner from the Court of Additional District Judge, Kheshod to any Court of District Judge, Junagadh, in the interest of justice, in the facts narrated herein above;

(D) During the pendency of admission, hearing, and final disposal of the petition, be pleased to transfer the Civil Misc. Application No.41 of 2022 filed by the petitioner from the Court of Additional District Judge, Kheshod to any Court of District Judge, Junagadh;

(E) xxx…”

3. Learned advocate for the petitioner-wife has submitted that the petitioner-wife has filed Civil Miscellaneous Application No.161 of 2023 before the learned Principal District Judge, Junagadh for a relief of transfer of the Miscellaneous Civil Application No.41 of 2022 from the learned Additional Court, Keshod to any other learned District Court, Junagadh. The said application came to be rejected by the learned Principal District Court on 24.11.2023.

4. Being aggrieved and dissatisfied with the aforesaid impugned order, the present petitioner-wife is before this Court.

5. The submission of the learned advocate for the petitioner-wife is that the petitioner-wife got married with the respondent-husband on 12.03.2012 and out of the said wedlock, a minor son named Maharshi was born. It is further submitted that because of some marital disputes between the parties, the present petitioner-wife filed an application for custody of minor son named Maharshi before the learned Additional District Court, Kheshod being Miscellaneous Civil Application No.41 of 2022 under the provisions of the Sections 7 and 25 of the Guardians and Wards Act, 1980 (for short ‘the Act’). It is further submitted that before the institution of the said application, the petitioner-wife had filed Criminal Miscellaneous Application No.268 of 2022 under Section 125 of the Code of Criminal Procedure, 1973 before the learned Civil Court, Junagadh and the respondent-husband has also filed a Family Suit No.13 of 2021 under Section 9 of the Hindu Marriage Act before the learned Family Court, Junagadh which is the third litigation between the parties and the same is pending before the learned Family Court, Junagadh.

6. Learned advocate for the petitioner-wife has further submitted that Civil Miscellaneous Application No.161 of 2023 came to be filed by the petitioner-wife on the ground that the respondent-husband is, at present, holding the post of Judicial Officer at Kheshod, Civil Court. It is further submitted that there may be a likelihood that the petitioner-wife may not get justice. The petitioner-wife had made allegations against the learned Judge before whom the matter being Miscellaneous Civil Application No.41 of 2022 was listed for hearing. It is further submitted that the interim application for the custody of the child is not being heard under the one pretext or the other till today.

7. It is further submitted that while rejecting the application for transfer of the Miscellaneous Civil Application No.41 of 2022 under Section 24 of the Code of Civil Procedure, 1908, learned Court below has not considered the provisions of Section 24 of the Code of Civil Procedure, 1908 and has decided the application by considering the merits of the case which is not permissible in the eye of law.

8. In support of his submissions, learned advocate for the petitioner has placed reliance upon the decision of a Co-ordinate Bench of this Court in the case of Vasantben Govindbhai Vaikariya Vs. Govindbhai Thakarshibhai Vaikariya reported in 2006 LawSuit(Gu