IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2597 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

KHAMAR SUHANI W/O. MAULIN ARVINDBHAI Versus KHAMAR MAULIN ARVINDBHAI ==========================================================

Appearance:

ANURAG R RATHOR(9315) for the Applicant(s) No. 1 NOTICE SERVED for the Opponent(s) No. 1 NOTICE THROUGH SPEED POST SERVED for the Opponent(s) No. 1 ==========================================================

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

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:- "(A)YOUR LORDSHIPS may be pleased to allow this Misc. Civil Application by transferring the proceedings of Family Suit No.96 of 2025 filed by the opponent herein, before the Learned Judge, Family Court, Visnagar, (at ANNEXURE-A hereto)

to Learned Family Court at Patan;

(B) During the pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to stay further proceedings of Family Suit No.96 of 2025 filed by the opponent herein, before the Ld. Judge, Family Court, Visnagar (at ANNEXURE-A hereto);

(C) Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted."

2. Heard learned advocate Mr. Anurag R Rathor for the applicant. Though served, none appeared for opponent.

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

3.1. The applicant wife got married to respondent husband on 15.02.2015 as per Hindu rights and rituals. After some time of marriage, the respondent husband and family members started harassing the applicant wife over petty things. Parties are having two children out of the said wedlock. Since the applicant wife herein was having the responsibility of her two young children, she had filed a Criminal Misc. Application No.60 of 2021 before the learned Family Court, Patan, under Section 125 of the Code of Criminal Procedure, 1973. The applicant wife further filed an application being Criminal Misc. Application No.191 of 2021 before the learned Principal Judge, Patan. The applicant had also preferred an application being Criminal Misc. Application No. 18 of 2022, under the Domestic Violence Act, 1955. The respondent – husband preferred Family Suit No.96 of 2025 before the learned Family Court, Visnagar, for a decree of divorce. Therefore, the applicant has filed present application for seeking transfer of suit filed by the respondent – husband.

4. It is submitted by the learned advocate for applicant that the applicant had filed an application for interim maintenance under Section 125 of the Code of Criminal Procedure, 1973, (for short "Cr.P.C") being Criminal Misc. Application No.60 of 2021 before the Family Court, Patan, which came to be withdrawn as the parties were reunited but due to the disputes re-arising between the parties, the applicant herein had preferred another application under Section 125 of Cr.P.C being Criminal Misc. Application No.191 of 2021 before the Court of Principal Judge, Family Court, Patan, which came to be partly allowed by order dated 12.08.2024, wherein the learned Judge was pleased to grant a total Rs. 12,000/- of Maintenance to the applicant and her two minor children.

4.1 Thereafter, Execution application was preferred under Section 144(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, being CRMA No. 605 of 2024 before Principal Family Judge, Patan. Another MCA No. 262 of 2025 is filed before the learned Principal Family Judge, Family Court, Patan, which is pending for its adjudication. It is submitted that the maintenance amount of Rs. 77,000/- is due and payable as on today. Thereafter, the applicant has filed domestic violence appli