IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2728 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

RADHIKA W/O PRATIK JOGIYA Versus PRATIKBHAI MUKESHBHAI JOGIYA ==========================================================

Appearance:

MR CHIRAG B AYDI(13146) for the Applicant(s) No. 1 MR NAVED SHAIKH for the Opponent(s) No. 1 ==========================================================

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

JUDGMENT

1. Rule returnable forthwith. Learned advocate Mr. Naved Shaikh waives service of notice of rule on behalf of respondent. With the consent of parties, the matter is taken up for final hearing today itself.

2. 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. 1263 of

2025 pending before the learned Family Court at Surat to the competent Court at Bhuj.

3. Heard learned advocate Mr. Chirag Aydi for the applicant and learned advocate Mr. Naved Shaikh for the respondent.

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

4.1 The marriage between the parties was solemnized on 19.01.2023 at Surat. 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 Bhuj, being Cr.MA No. 104 of 2025 which is pending for its adjudication. The applicant filed another Cr.M.A. No. Cr.MA No. 722 of 2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Thereafter, respondent – husband filed the Family Suit No. 1263 of 2025 under Section 13(1)(a) of the Hindu Marriage Act, 1955 for a decree of divorce before the learned Family Court at Surat.

Therefore, applicant - wife has preferred present application seeking transfer of family suit filed by respondent - husband.

5. Learned advocate for the applicant submits that the marriage between the parties was solemnized on 19.01.2023 at Bhuj as per the Hindu Marriage Rites and Ceremonies. Disputes cropped up, and resultantly, parties separated. No child is born out of the wedlock. The applicant is residing with her parents at Bhuj and having no source of income. Thereafter, the maintenance application was filed by applicant – wife under Section 144 of the BNSS being Cr.MA No. 104 of 2025 against the respondent – husband before the learned Family Court at Bhuj and the learned Family Court has passed an interim order of maintenance to the tune of Rs. 5,000/- per month to the applicant - wife and the husband is paying the said maintenance. Another application is filed by the applicant - wife under the provision of The Protection of Women from Domestic Violence Act against the husband and his family members being Cr.MA No. 722 of 2025 before the learned Chief Judicial Magistrate at Bhuj. It is submitted that respondent – husband is regularly attending the aforesaid proceedings. However, just to harass the applicant, respondent – husband has filed the Family Suit No. 1263 of 2025 under Section 13(1)(a) of the Hindu Marriage Act, 1955 for a decree of divorce before the learned Family Court at Surat. It is submitted that the distance between Surat and Bhuj is approximately 590 kms one way. It is submitted that the applicant has no source of income and considering the distance, it is difficult for the applicant - wife to attend the proceedings at Surat. Learned advocate for applicant urged to allow the present application by transferring the Family Suit No. 1263 of 2025 from learned Family Court, Surat to competent Court at Bhuj, considering the financial constraints of the applicant – wife and in the larger interest of justice. Except above, no other submissions