IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2432 of 2025 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✓

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SIDDHIBEN DIPAKKUMAR THAKKAR Versus DIPAKKUMAR MANUBHAI THAKKAR ================================================================

Appearance:

MS DHRUMA U VYAS(6850) for the Applicant(s) No. 1 MR CHINTAN V ACHARYA(10558) for the Opponent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 10/04/2026

JUDGMENT

1. By way of the present application under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code”), the applicant-wife seeks transfer of proceedings of Family Suit No.99 of 2025 filed by the respondent-husband pending before learned Family Court, Patan to learned Family Court, Surat.

2. Heard learned advocate Ms. Dhruma U. Vyas for the applicant and learned advocate Mr. Chintan V. Acharya for the respondent.

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

3.1. The applicant wife got married to respondent husband on 29.01.2016 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. The applicant- wife filed a Criminal Misc. Application No.1022 of 2025 before the learned Family Court, Surat, which was withdrawn by the applicant. The applicant-wife has preferred Family Suit No.1419 of 2025 before the learned Family Court, Surat under Section 9 of the Hindu Marriage Act, 1955 before the learned Family Court, Surat, which is pending for its adjudication. The applicant-wife also lodged complaint being No.10682 of 2025 under Section 115(2), 85, 86, 356(1), 356(2) of the Bharatiya Nyaya Suraksha Sanhita, 2023 (hereinafter referred to as “BNS”) in Adalaj Police Station, Surat. The respondent-husband preferred Family Suit No.99 of 2025 before the learned Family Court, Patan seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”). Therefore, the applicant-wife has filed present application seeking transfer of suit filed by the respondent-husband.

4. Learned advocate for the applicant-wife has submitted that the marriage took place between the applicant-wife and respondent-husband on 29.01.2016 at Surat. Thereafter, due to marital discord, parties separated. It is further submitted that applicant is staying with her parents at Surat. It is further submitted that the applicant-wife has filed an application seeking maintenance before the learned Principal Family Court at Surat and the same came to be withdrawn by the applicant on 15.09.2025. It is further submitted that applicant-wife has filed Family Suit No.1419 of 2025 under Section 9 of the Act before the learned Family Court, Surat which is pending for its adjudication. It is further submitted that respondent has filed Family Suit No.99 of 2025 for a decree of divorce under Section 13(1) of the Act before the learned Family Court at Patan. The distance between Patan and Surat is 400 kilometers one way. It is further submitted that the convenience of the applicant-wife is required to be considered in view of the decision in the case of Sumita Singh Vs. Kumar Sanjay, reported in AIR 2002 SC 396. Applicant-wife is living with her parents. Being a lady, it would be very difficult for the applicant-wife to travel 400 kilometers one way to attend the proceedings at Patan, therefore, the present application may be allowed by transferring the aforesaid suit proceedings. Except above, no other submissions are canvassed by learned advocate for the applicant-wife.

5. Per contra, learned advocate for the respondent-husband has submitted that the applicant-wife has suppressed the material facts and has not come with clean hands. It is f