JUDGMENT

1. By way of the present application under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”), the applicant-wife seeks transfer of proceedings of Family Suit No.28 of 2025 filed by the respondent-husband pending before learned Family Court, Modasa District-Aravalli to learned Family Court, Khambhat, District-Anand.

2. Heard learned advocate Mr. N. P Pandya for the applicant-wife. Though served, none appeared for opponent-husband. Perused the record.

3. The brief facts of the case are as under:-

3.1. It is the case of the applicant that marriage between the applicant and respondent was solemnized on 21.05.2016. Two children were born out from the said wedlock. Thereafter, due to cruelty and unacceptable behavior on the part of the family members of the respondent, applicant was constrained to live separately at Tarapur, District Anand since 2020 with her children. Thereafter, applicant filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in 2020 before learned Family Court, Khambhat District-Anand. Thereafter, the applicant filed an application seeking maintenance under the provisions of Protection of Women from Domestic Violence Act, 2005 before learned Family Court, Khambhat District-Anand. The said application was numbered as Criminal Miscellaneous Application No.36 of 2020. Thereafter, respondent appeared and contested the said application. The respondent-husband is directed to pay monthly maintenance of Rs.11,000/- to the applicant and her children. The respondent-husband filed Family Suit No.28 of 2024 before the learned Family Court, Modasa, Aravalli for a decree of divorce. Therefore, the applicant has filed present application for seeking transfer of suit filed by the respondent-husband.

4. Learned advocate for applicant has submitted that the applicant’s marriage was solemnized with present opponent in the year 2013. It is further submitted that the distance between Tarapur District-Anand and Modasa, District-Aravalli where the respondent has filed family suit, is approximately 150 kilometers one way. It is further submitted that considering the distance of 150 kilometers one way, it is very difficult for the applicant-wife to travel and to attend court proceedings at Modasa District-Aravalli. It is further submitted that the applicant-wife has filed a Criminal Miscellaneous Application No.36 of 2020 before the learned Family Court, Khambhatt District-Anand under Section 125 of the Code of Criminal Procedure, 1973 wherein after hearing the parties, the learned trial Court has granted maintenance of Rs.11,000/- per month to applicant-wife and her two children. It is further submitted that the respondent-husband preferred Family Suit No.28 of 2025 before the learned Family Court, Modasa, District- Aravalli for a decree of divorce. It is further submitted that applicant has the primary responsibility of education of her children and being a lady, it would be very difficult to travel 300 kilometers two way to attend the Court proceedings on each and every adjourned date. Applicant is also facing financial difficulties. In view of the above submissions, learned advocate for the applicant has urged to allow the present application. Except above, no other submissions are canvassed by learned advocate for the applicant.

5. Having considered the averments made in the application and submissions canvassed by the learned advocate for the applicant, it becomes clear that the respondent-husband preferred Family Suit No.28 of 2025 before the learned Family Court, Modasa, District-Aravalli for a decree of divorce. The applicant is residing at Tarapur, District-Anand with her children. It would be very difficult for applicant being a lady to attend the Court proceedings before the learned Family Court, Modasa, District-Aravalli. The distance between Tarapur District-Anand and Modasa, District- Aravalli is approximately 150 kilometers one