IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2411 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ========================================================== SABANABEN W/O IRFANBHAI BABI D/O FARUK KASAMBHAI BABI Versus IRFAN OSMANBHAI BABI ==========================================================

Appearance:

MR. RAJU N DESAI(7029) for the Applicant(s) No. 1 RULE SERVED for the Opponent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 20/03/2026

JUDGMENT

1. By invoking the provision under Section 24 of the Code of Civil Procedure 1908, (For short "CPC"), applicant herein has prayed for the following reliefs:-

"i) Your Lordships be pleased to admit and allow the present application.

ii) Your Lordships be pleased to transfer the Family Suit No.37/2024 pending before the court of Ld. Family Court, Vanthali, Dist: Junagadh to the Court of Ld. Family Court, Porbandar.

iii) Pending admission hearing and till final disposal of the present application Your Lordships be pleased to stay the further proceeding of the Family Suit No.37/2024 pending before the court of Ld. Family Court, Vanthali, Dist: Junagadh.

iv) Your Lordships be pleased to pass such an order and further reliefs deemed fit and just in the interest of justice."

2. Heard learned advocate Mr. Raju N Desai for applicant-

wife. Though served, none appeared for the opponent.

3. Brief facts of the case are as under:-

3.1 The applicant's marriage was solemnized with the present opponent on 05.05.2011 at Porbandar. After some time of the marriage, disputes cropped up between the parties. Present applicant filed Criminal Misc. Application No. 223 of 2021 under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") before the learned Family Judge, Porbandar, against opponent. Thereafter, the applicant also preferred an application for enhancement of maintenance being CRMA No. 547 of 2024 under Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "the BNSS") before the Learned Family Court, Porbandar. Thereafter, opponent herein filed Family Suit No.37 of 2024 seeking divorce before the learned Principal Family Judge, Vanthali, Dist : Junagadh, under Section 281 of Muslim Law for Restitution of Conjugal Rights.

4. Learned advocate for the applicant submits that the marriage between the parties was solemnized in the year 05.05.2011 at Porbandar as per Muslim rites & customs. Out of the said wedlock, three children were born, i.e, two sons, and one daughter. The custody of one daughter and one son is with the respondent whereas the applicant - wife is having custody of the younger son. It is submitted that after some time of marriage, disputes cropped up and, therefore, the parties were separated. The applicant - wife filed maintenance application under Section 125 of Cr.P.C being CMA No. 223 of 2021 before the learned Family Court at Porbandar. In the said proceedings, the monthly maintenance was awarded at Rs 3,500/-. Thereafter, a compromise was arrived at between the parties and by compromise process dated 17.10.2024, the maintenance amount was agreed at Rs. 7,000/- per month for the wife and children. A copy of compromise process dated 17.10.2024 is placed on record and the same is taken on record. It is submitted that the respondent-husband during the pendency of maintenance application, filed a Family Suit No. 37 of 2024 at learned Family Court, Vanthali, under Section 281 of the Muslim Law for Restitution of Conjugal Rights. It is submitted that the applicant-wife is staying at Village Kharvavad, District: Porbandar. The distance between the village Kharvavad, Porbandar, and Vanthali is approximately 100 kms one way. As the applicant is depend upon her parents, it would be difficult for the applicant with a min