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C(G/MJHCCA2/14607435/923002250 2 5 ) JUDGMENT DATED: 16/10/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1673 of 2025 With R/MISC. CIVIL APPLICATION NO. 1675 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT ==========================================================

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

Versus ==========================================================

Appearance:

MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1 MR MANISH S SHAH(5859) for the Opponent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 16/10/2026

COMMON JUDGMENT

1. Heard Ms. Dipmala S. Desai, learned advocate for the applicant and Mr. Manish S. Shah, learned advocate for the opponent.

2. Since the issue germane to both these applications is common, with the consent of learned advocates for the respective parties, both these applications are heard together and decided by way of this common judgment.

C(G/MJHCCA2/14607435/923002250 2 5 ) JUDGMENT DATED: 16/10/2026

3. The applicant happens to be wife of the opponent who "led an application under Section 7 read with Section 25 of the Guardians and Wards Act, 1890 (herein after referred to as " the Act, 1890") against the opponent before the Family Court, Himmatnagar. Whereas the opponent has also instituted a family suit under Section 13 of the Hindu Marriage Act, 1955 against the applicant at Family Court, Himmatnagar. Since the applicant is residing along with her parents at Rajkot, she has approached this Court by way of this application "led under Section 24 of CPC to transfer the aforesaid proceeding from Family Court, Himmatnagar to Family Court, Rajkot.

4. Ms. Desai, learned advocate, appearing for the applicant, would submit that the applicant is an illiterate lady who is residing far away from her children and to get custody of her children who are currently possessed by the opponent/husband – father, she has instituted proceedings under the Act, 1890 at Family Court, Himmatnagar. It is submitted that the opponent instituted C(G/MJHCCA2/14607435/923002250 2 5 ) JUDGMENT DATED: 16/10/2026 adverse proceeding before the Family Court, Himmatnagar and considering the distance between Himmatnagar and Rajkot which is around 300kms, it causes great hardship and inconvenience to the applicant to attend the proceeding instituted by the opponent.

4.1. It is further submitted that the applicant has also instituted maintenance proceeding under Section 125 of Cr.P.C., Domestic Violence complaint against the opponent which are pending before the concerned Court at Rajkot and there is an FIR "led against the opponent under Section 498A pending before the competent Court at Rajkot.

4.2. Making the above submissions, Ms. Desai, learned advocate, would request this Court to consider the relief prayed by the applicant in these applications.

5. Per contra, Mr. Shah, learned advocate, appearing for the opponent, has vehemently opposed these applications contending inter alia that since the applicant herself instituted a proceeding under the Act, 1890 at C(G/MJHCCA2/14607435/923002250 2 5 ) JUDGMENT DATED: 16/10/2026 Family Court in Himmatnagar and such the proceeding is required to be attended by the applicant, there is no purpose served to transfer the proceeding instituted by the opponent from Family Court, Himmatnagar to Family Court, Rajkot. It is submitted that the applicant can very well attend both these proceedings through video conference which is available. It is further submitted that the opponent is also ready to pay reasonable travelling expenses to the applicant if she is personally required to travel to attend the proceeding instituted by the opponent.

5.1. Making the above submissions, Mr. Shah, learned advocate, would request this Court to reject these applications.

6. No other a