1. The present application u/s.24 of the Civil Procedure Code has been filed for transfer of the proceedings being HMP No. 9/2012 in the Family Court, Surat to the District Court, Kutch at Bhuj.
2. The facts in brief are that the respondent herein has filed HMP 9/2012 with the Family Court No.1, Surat u/s.9 of the Hindu Marriage Act against the applicant for restitution of conjugal rights.
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 parents, who are aged persons, in Naliya, District Kutch and that she has to face great hardships while attending the proceedings of the Family Suit at Surat. She has, therefore, prayed to transfer the said proceedings to the District Court, Kutch at Bhuj.
4. Heard learned counsel for the applicant and perused the documents on record. Though served, none appears on behalf of the respondent. The applicant herein is a lady who, at present, is residing with her aged parents in Bhavnagar District. The distance between Surat and Bhavnagar Districts is considerably long. Being a lady, it would be difficult for her to attend the proceedings pending with the Family Court, Surat on regular basis.
5. Considering the facts and circumstances of the case, it would be appropriate that the proceedings of HMP No. 9/2012 filed by the respondent and pending with the Family Court, Surat are transferred to the District Court, Kutch at Bhuj and that the respondent herein attends the said proceedings in the District Court, Kutch at Bhuj. Orders accordingly. The application stands disposed of accordingly. Rule is made absolute. Direct service permitted.
[K.S. JHAVERI, J.] /phalguni/