IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2500 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

ANJALI W/O AAKASH NARENDRAKUMAR SONI D/O JAGDISHPRASAD MOHANLAL SONI Versus AAKASH NARENDRAKUMAR SONI ==========================================================

Appearance:

MR KUNAL S SHAH(5282) for the Applicant(s) No. 1 RULE SERVED for the Opponent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 27/03/2026

JUDGMENT

1. The present Application is filed under Section 24 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “CPC”) praying for the transfer of Family Suit No. 117 of 2025 pending before the learned Family Court at Patan to the competent Court at Surat.

2. Heard learned advocate Mr. Kunal Shah for the applicant.

Though served, none appeared for the respondent.

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

3.1 The marriage between the parties was solemnized on 14.11.2021 at Patan. A son was born out of the said wedlock. Disputes cropped up between the parties. The applicant – wife filed a Maintenance Application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, referred to as “BNSS”) before the learned Family Court at Surat, being Cr.M.A. No. 1242 of 2025 which is pending for its adjudication. The applicant filed another Cr.M.A. No. 16232 of 2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 on 18.08.2025. An F.I.R. against the respondent – husband before the Godadara Police Station, Surat under Sections 54 and 85 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter, referred to as “BNS”) was filed on 17.09.2025. The respondent – husband has filed a suit under Section 13A of the Hindu Marriage Act, 1955 for a decree of dissolution of the marriage before the learned Family Court at Patan being Family Suit No. 117 of 2025.

4. Learned advocate for the applicant submits that the marriage between the parties was solemnized on 14.11.2021 at Patan as per the Hindu Marriage Rites and Ceremonies and a son was born out of the said wedlock. It is submitted that the distance between Patan and Surat is approximately 389 kms. one way. The parties are living separately as of today. It is further submitted that the parents of the applicant – wife are senior citizens and she has to look after them also. It is submitted that the applicant – wife has filed a Maintenance Application under Section 144 of the BNSS before the learned Family Court at Surat, being Cr.M.A. No. 1242 of 2025 which is pending for its adjudication. Thereafter, the applicant – wife filed another Cr.M.A. No. 16232 of 2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 on 18.08.2025 which is also pending for its adjudication before the learned Court below. The applicant – wife also filed an F.I.R. against the respondent – husband before the Godadara Police Station, Surat under Sections 54 and 85 of the BNS on 17.09.2025. It is further submitted that the respondent – husband has filed a suit under Section 13A of the Hindu Marriage Act, 1955 for a decree of dissolution of the marriage before the learned Family Court at Patan being Family Suit No. 117 of 2025. Learned advocate for applicant urged to allow the present application by transferring the Family Suit No. 117 of 2025 from learned Family Court, Patan to competent Court at Surat, considering the financial constraints of the applicant – wife and in the larger interest of justice. Except above, no other submissions were made by learned advocate for applicant.

5. I have considered the submissions canvassed by learned advocate for the applicant and the averments made in the application. Considering the facts of the present case, it would be very difficu