IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2515 of 2025 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ==========================================================

FORAM PARESHBHAI MEHTA Versus APURVA MANISHBHAI KOTHARI S/O LATE MANISHBHAI KOTHARI ==========================================================

Appearance:

MR. VATSAL D. RUPAREL(14194) for the Applicant(s) No. 1 RAJPUROHIT R BHAWARLAL(9420) for the Opponent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 13/03/2026

JUDGMENT

1. The present application is filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 2726 of 2025 from the Family Court Ahmedabad to the Family Court at Jamnagar.

2. Heard learned advocate Mr. Vatsal D Ruparel for the applicant and learned advocate Mr. Rajpurohit R Bhawarlal for the opponent.

3. Learned advocate for the applicant submitted that, the applicant is original defendant in Family Suit No.2726 of 2024, which is filed by present opponent - husband for seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955, (for short, "the Act"), for which summons came to be issued to the applicant dated 18.08.2025.

3.1. It is submitted by the learned advocate for the applicant that marriage between applicant and opponent was solemnized on 14.12.2023.

3.2. On account of physical harassment and ill-treatment meted out to her and demand of dowry was also made, and as she was driven out from the residence, for which the compliant was filed on 14.07.2025 in the year 2025 before Mahila Police Station, Jamnagar. The applicant is serving in software developer company and is a working lady since marriage. She was already pre-occupied with the projects allotted to her and in order to complete her job obligations which pre - allotted to her, therefore, she is residing at some PG at Ahmedabad, and doing her job as she is not having any permanent accommodation facility in Ahmedabad and her permanent residence is at Jamnagar. Applicant is permanently residing with her parents at Jamnagar after separation. The compliant filed by the applicant dated 14.07.2025, is under process to be registered and cognizance will be taken within some time on the complaint. The opponent will have to attend the proceedings before the Ld. Court at Jamnagar. After filing of the complaint at Mahila Police Station, Jamnagar, as a counterblast, the opponent husband has filed a Family Suit No. 2726 of 2025 for dissolution of marriage under Section 13(1)(i- a) and Section 13(1) of the Act. It is further contended that the distance between Ahmedabad and Jamnagar is almost 300 km one way. It is further submitted that the domestic violence application is also pending before the Mahila Police Station at Jamnagar.

3.3. It is further submitted that in the Family Suit filed by the opponent husband, it is also stated that the applicant herein is staying at some Paying Guest accommodation in Ahmedabad and working as a software developer at Openxcell Technolabs Pvt. Ltd. Considering the difficulties of attending the matter alone at Ahmedabad and more particularly, Ahmendabad is not permanent residential place of applicant, the proceedings be transferred as prayed for. Except above, no other submissions are made.

4. Per contra, learned advocate for the respondent has relied upon the statement made in the complaint dated 14.07.2025 lodged before Mahila Police Station, Jamnagar, by applicant. It is submitted that as per the complaint, petitioner - wife has been staying at Ahmedabad before marriage. It is contended that the proceedings of Domestic Violence Act have been initiated after the filing of the present petition. As no case is made out whereby this Court can exercise extraordinary jurisdiction under Section 24 of the Act. It is further cont