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Dipeshbhai Keshavlal Shah ­ Opponents

High Court Of Gujarat|13 January, 2012
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JUDGMENT / ORDER

1. The present application u/s.24 of the Civil Procedure Code has been filed for transfer of the proceedings of Family Suit [H.M.P.] No.555/2011 pending in the Family Court, Ahmedabad (Rural) to the Family Court at Vadodara.
2. The facts in brief are that the respondent herein has filed Family Suit [H.M.P.] No.555/2011 with the Family Court, Ahmedabad (Rural), u/s.13(1) of the Hindu Marriage Act against the applicant.
3. It is the case of the applicant that on account of the matrimonial dispute with the respondent, at present she is residing with her mother, who is aged person, in Vadodara District and that she has to face great hardships while attending the proceedings of the Family Suit at Ahmedabad (Rural). She has, therefore, prayed to transfer the said proceedings to the Family Court at Vadodara.
4. Heard learned counsel for the respective parties and perused the documents on record. The applicant herein is a lady who, at present, is residing with her aged mother in Vadodara District. The distance between Vadodara and Ahmedabad Districts is considerably long. Being a lady, it would be difficult for her to attend the proceedings pending with the Family Court, Ahmedabad on regular basis.
5. Considering the facts and circumstances of the case, it would be appropriate that the proceedings of Family Suit [H.M.P.] No.555/2011 filed by the respondent and pending with the Family Court, Ahmedabad (Rural) are transferred to the Family Court at Vadodara District and that the respondent herein attends the said proceedings in the competent Court at Bhavnagar. Orders accordingly. The application stands disposed of accordingly. Rule is made absolute. It is however, observed that application being H.M.P. No. 1790 of 2010 and Family Suit [H.M.P.] No. 555/2011, be heard together.
[K.S. JHAVERI, J.] /phalguni/
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Title

Dipeshbhai Keshavlal Shah ­ Opponents

Court

High Court Of Gujarat

JudgmentDate
13 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Pp Majmudar