IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 775 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI ==========================================================

1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	No
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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HETAL NIRAVKUMAR GAJJAR D/O RAMNIKBHAI GIRDHARBHAI VANODIY Versus NIRAV JAYANTILAL GAJJAR ==========================================================

Appearance:

MR AB GATESHANIYA(3766) for the Applicant(s) No. 1 C B DHOLAKIA(7493) for the Opponent(s) No. 1 MR YOGESH G KANADE(3114) for the Opponent(s) No. 1 ==========================================================

CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI Date : 02/03/2021

ORAL JUDGMENT

[1] Heard learned Advocate Mr. A.B.Gateshaniya for the Applicant – Wife (Original Defendant) and learned

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(Original Plaintiff) through video conference. [2] RULE. Learned advocate Mr. Yogesh G. Kanade waives service of Rule on behalf of the Opponent - Husband.

[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 the HMP No. 343 of 2020, pending with the Family Court, Ahmedabad to the Family Court, Surendranagar.

[4] It is the case of the Applicant – Wife that she has got married with the respondent on 7.02.2013 as per Hindu rights and customs, during short time of married quarrel started with the present respondent and the Opponent – Husband has filed HMP No.343 of 2020 before the Family Court at Ahmedabad. It is the case of the Applicant – Wife that she has filed Cr. Misc. Application before the learned Principal Judge, Family Court, Surendranagar under Sec. 125 of Cr.PC along with interim maintenance, however, no order has passed in that application.

[5] Learned Advocate for the Applicant – Wife has submitted that the applicant is a poor lady and a

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approximately 125 kms. away from Ahmedabad. He has further submitted that the proceedings, which are pending before the Family Court at Ahmedabad being Hindu Marriage Petition No.343 of 2020, be transferred to the Family Court at Surendranagar.

[6] Per contra learned advocate Mr.Yogesh Kanade for the Opponent – Husband has argued that in the present case Applicant has approached with false information since the notice is served at Ujala i.e. Ahmedabad District and learned advocate Mr.A.B. Gateshaniya has responded that notice is not served at the address mentioned by the learned advocate for respondent.

[6] Considering submissions made by the learned advocates for the respective parties, it appears that it would be difficult for the applicant to travel about 125 kms from Surendranagar to Ahmedbad and the applicant is a poor lady and house wife. The husband is having a car and therefore, prima facie he is well to do so far as financial aspect is concerned and therefore there is comparative hardship to the Applicant – wife. The distance from Surendranagar to Ahmedabad is also 125 kmts. and therefore also it is difficult to travel for

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[7] This Court has also relied upon the decisions rendered in case of Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 and has also referred to the decision in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in MCA no. 431 of 2019 [8] The submission made by learned Advocate for the Opponent – Husband that the Applicant – Wife has approached this Court with false information since the notice is s

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