ORAL ORDER

1. By way of present application, the applicant has prayed to transfer the proceedings being H.M.P. No. 29 of 2019 pending before the Principal Senior Civil Court, Unjha to the Principal Judge, Family Court, Anand.

2. Heard learned advocate for the applicant.

3. It is submitted by the learned advocate for the applicant that applicant is living with her Faiba at Anand. The father of the applicant, aged about 72 years, suffering from heart ailment and also kidney problem. The parents of the applicant are living with her brother at Ahmedabad. That the brother of the applicant is married and having one kid. It is further submitted that all the expenses of medicines etc. are being spent by the brother. It is submitted that the distance between Unjha to Anand is about 178 km and the time consume to reach to Unjha from Anand is taking about four hours in one way. Hence, it is requested by the learned advocate for the applicant to allow the present application.

4. Having heard learned advocate for the applicant, it appears that notice was duly served as per the bailiff report. The Principal Senior Civil Court, Unjha has reported by the letter dated 04.09.2021 that notice was issued by this Court, is duly served to the respondent.

5. From the contents of the petition as well as document produced on record, the marriage of the applicant was solemnized with the opponent on 08.01.2010 at Nadiad. On the ground of matrimonial dispute the applicant is staying with her Faiba at Anand, who is aged about 73 years. It appears that the applicant has preferred an application under Section 9 for Restitution of Conjugal Rights before the Principal Judge, Anand being Family Suit No. 203 of 2019, copy of the plaint is placed on record by the applicant at Annexure-A. She has further preferred an application under Section 125 of the Code of Criminal Procedure for maintenance being Misc. Criminal Application No. 371 of 2019 and interim maintenance application as Exh. 6 on 14.10.2019 in the court of Principal Judge, Family Court, Anand and order dated 30.01.2020, which is produced by the applicant as Annexure-B.

6. It also appears from the record that opponent has also filed an application under Section 13(A) of the Hindu Marriage Act for divorce being H.M.P. No. 29 of 2019 before the Senior Civil Judge, Unjha. As per the submission made by the learned advocate for the applicant, the applicant is living at Anand with her Faiba. The father of the applicant aged about 72 years having heart ailment and also suffering from kidney disease and he has no source of income. The parents of the applicant are living with her brother at Ahmedabad, who has one Kid. All the expenses are being spent by her brother. It is submitted by the applicant that the distance from Anand to Unjha is about 178 km. and the time consume to reach to Unjha from Anand is taking about four hours in one way.

7. Considering the submissions made by the learned advocate for the applicant that the distance of two cities are about 178 km. taking more time for attending the proceedings. The applicant is facing more difÏculty in travelling from Anand to Unjha. The prayer made by the applicant requires to be allowed.

8. Hence, this application is allowed. The H.M.P. No. 29 of 2019 filed by the opponent namely Chiragkumar Ramanlal Patel pending before the Principal Senior Civil Court, Unjha, shall be transferred to the Principal Judge, Family Court, Anand for adjudication in accordance with law.

(B.N. KARIA, J)

SALIM/