IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2698 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

PUNITABEN HETALKUMAR MAVADIYA Versus HETALKUMAR PRAVINCHANDRA MAVADIYA ==========================================================

Appearance:

MS DHRUMA U VYAS(6850) for the Applicant(s) No. 1 MR. VATSAL D. RUPAREL(14194) for the Opponent(s) No. 1 ==========================================================

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

JUDGMENT

1. Rule returnable forthwith. Mr. Vatsal Ruparel, learned advocate appearing for the respondent waives service of notice of Rule for and on behalf of the respondent. With the consent of parties, the matter is taken up for final disposal today itself.

2. By way of the present application under Section 24 of the Code of Civil Procedure, 1908, the applicant – wife seeks transfer of proceedings of Family Suit No.178 of 2025 filed by the respondent – husband pending before learned Family Court, Jamanagar to learned Family Court, Mithapur, Okha.

3. Heard learned advocate Ms. Dhruma Vyas for applicant-wife and learned advocate Mr. Vatsal D. Ruparel for opponent-husband. Perused the record.

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

4.1. The applicant wife got married to respondent husband on 30.5.2013 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 son named, Prem Mavadiya, aged about 12 years out of the said wedlock. The parties are living separately at the respected houses since more than 10 years and, therefore, the applicant wife filed a Criminal Misc. Application No.131 of 2024 before the learned Family Court, Okha under Section 125 of the Code of Criminal Procedure, 1973. The applicant wife further filed an application being Criminal Misc. Application No.278 of 2023 before the learned Principal Civil Judge, Okha under the provisions of the Protection of Women from Domestic Violence Act, 2005. The respondent – husband preferred Family Suit No.178 of 2005 before the learned Family Court, Jamnagar for a decree of divorce. Therefore, the applicant has filed present application for seeking transfer of suit filed by the respondent –

husband.

5. Learned advocate for applicant has submitted that the marriage was solemnized with present opponent in the year 2013. It is further submitted that the distance between these cities i.e. from Jamnagar to Okha is approximately 170 kms. one way. The parties are living separately since more than 10 years and they are having a son named; Prem Mavadiya, aged about 12 years out of the said wedlock. It is further submitted that parents of applicant wife are senior citizens and she has to look after them also. It is further submitted that the applicant wife has filed a Criminal Misc. Application No.131 of 2024 before the learned Family Court, Okha under Section 125 of the Code of Criminal Procedure, 1973 wherein the learned trial Court on 10.9.2025 granted maintenance of Rs.18,000/- per month which is not paid by the respondent husband till date. Thereafter, the applicant wife has also filed an application being Criminal Misc. Application No.278 of 2023 before the learned Principal Civil Judge, Okha under the provisions of the Protection of Women from Domestic Violence Act, 2005 which is pending for its adjudication. It is further submitted that the respondent – husband preferred Family Suit No.178 of 2005 before the learned Family Court, Jamnagar for a decree of divorce. Considering the financial constraints and to look after son aged 12 years who is studying in standard 6, the applicant is unable to travel from Okha to Jamangar. In view of the above submissions, learned advocate for applicant urged to allow