ORAL ORDER

[1] Heard learned Advocate Mr. Gaurav Chudasama for the Applicant through video conference.

[2] Though served, none has appeared on behalf of the opponent- husband. Though sufficient opportunities were given vide order dated 07.01.2021 as well as on 02.02.2021 and the matter is of year

2019, this Court has decided to proceed with the matter.

[3] The present application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the applicant- wife to transfer H.M.P. No. 872 of 2019 ( under Section 9 of the Hindu Marraige Act praying for restitution of Conjugal Rights) pending before the Court of learned Family Court, Ahmedabad to the Family Court, Junagadh.

[4] It is the case of the applicant-wife that the marriage between the applicant the opponent was solemnized on 14.12.2006 at Ahmedabad as per Hindu rites and rituals and out of the said wedlock the applicant has given a birth to baby body viz. Chaitanya (aged about 12-13 years). It is submitted that the child having mental illness and the treatment is going on at Junagadh. Therefore, it causes grave hardship to travel from Junagadh to Ahmedabad and therefore, the applicant-wife has prayed to transfer H.M.P. No. 872 of 2019 pending before the Family Court, Ahmedabad to the Family Court, Junagadh.

[5] Learned advocate Mr. Chudasama appearing for the applicant submits that the age of child is approximately 12 to 13 years and he is suffering from mental illness.

[6] Learned advocate Mr. Chudasama has further submits that the H.M.P.No. 872 of 2019 filed by the opponent-husband under Section 9 of the Hindu Marraige Act praying for restitution of Conjugal Rights (H.M.P. No. 872 of 2019) at Family Court, Ahmedabad and it is very difficult for applicant-wife to attend the proceedings at Ahmedabad as the distance between Junagadh to Ahmedabad is about 320 Kms and it would take 7 hours to reach to Ahmedabad.

[6] Further, learned advocate Mr. Chudasama has submitted that the applicant is a house-wife and the opponent-husband is working in the private company and not chooses to appear before this Court despite sufficient opportunities were given and therefore, considering the comparative hardship faced by the Applicant, discretion may kindly be exercised.

[7] Considering submissions made by the learned advocates for the respective parties, it appears that it would be difficult for the applicant-wife to travel about 320 Kms from Junagadh to Ahmedabad and the applicant-wife is a poor lady and she is having a minor child aged about 12-13 years and is suffering from mental illness. This Court has also relied upon the decisions rendered in the case of Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 and also referred to the decision in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in MCA no. 431 of 2019. Therefore this is a fit case to exercise discretion under section 24 of CPC for transferring the matter from Ahmedabad to Junagadh. The application is allowed. The H.M.P. No. 872 of 2019, pending before the Court of learned Family Court, Ahmedabad is ordered to be transferred to the Family Court at Junagadh.

[8] Rule is made absolute. No orders as to cost. Direct service is permitted through fax/e-mail/ any other electronic mode.