IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 3017 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

KAJALBEN W/O HARESHBHAI MADEVBHAI RAVAL D/O NANJIBHAI DEVSHIBHAI RAVAL Versus HARESHBHAI MADEVBHAI RAVAL ================================================================

Appearance:

MR VR HALANI(6169) for the Applicant(s) No. 1 MR VC VAGHELA(1720) for the Opponent(s) No. 1 ================================================================

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

JUDGMENT

1. Rule returnable forthwith. Mr. V.C. Vaghela, 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.33 of 2025 filed by the respondent – husband pending before learned Family Court, Radhanpur, District Patan to learned Family Court, Deodar, District Banasakantha.

3. Heard learned advocate Mr. V. R. Halani for applicant-

wife and learned advocate Mr. V. C. Vaghela for opponent-

husband. Perused the record.

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

4.1 The applicant’s marriage was solemnized with the present opponent in the year 2021 at Dhanakwada. Thereafter, applicant and opponent started residing together as wife and husband at Madhapur, Taluka Radhanpur. After some time of the marriage, disputes cropped up between the parties. The present applicant filed a written complaint dated 19.10.2024 before the Mahila Police Station, Palanpur while mother of the applicant had filed a complaint dated 20.10.2024 before the Deodar Police Station. Thereafter, the present applicant also filed a Family Suit No.31 of 2025 before the learned Family Court, Deodar seeking divorce and permanent monthly alimony of Rs.40,000/-. Thereafter, opponent herein – husband filed Family Suit No.33 of 2025 seeking restitution of conjugal rights before the learned Principal Judge, Family Court, Radhanpur under Section 9 of the Hindu Marriage Act, 1955. Therefore, seeking transfer of suit filed by respondent – husband, the applicant is before this Court.

5. Learned advocate for applicant has submitted that the marriage was solemnized with present opponent in the year 2021. It is further submitted that the distance between these cities i.e. from Deodar to Radhanpur is approximately 45 kms. one way. Considering the financial constraints, applicant is unable to travel from Deodar to Radhanpur. In view of the above submissions, learned advocate for applicant urged to allow the present application. Except above, no other submissions are made by learned advocate for applicant.

6. Per contra, learned advocate for the opponent has objected in granting application and contended that there are no justifiable reasons whereby the Family Suit under Section 9 of the Act can be transferred to the learned Family Court, Deodar. As no case is made out, this Court may not entertain the application and the same may be rejected. Except above, no other submissions are made by learned advocate for opponent.

7. I have considered the averments made in the application and submissions canvassed by the learned advocates for the parties. Considering the facts of the case, it would be very difficult for the applicant being a lady to attend the Court proceedings before the learned Family Court, Radhanpur from Deodar. The distance between the aforesaid two places is 45 Kms. one way.

8. It will not be out of place to refer the case of Sumita Singh Vs. Kumar Sanjay, AIR 2002 SC 396, wherein the Hon’ble Apex Court has observed that the wife’s inconvenience must be given due importan