1.0 The applicant has prayed to transfer the Hindu Marriage Petition No.12 of 2011 pending in the Court of learned Principal Senior Civil Judge, Gandevi, Taluka Chikhli, District, Navsari to the concerned Court at Junagadh.
2.0 The applicant was married to the respondent herein on 17th March 2002. After some time the respondent started demanding dowry from the applicant and due to harassment she had to go back to her parental house. She filed Criminal Case No.74/2012 under the provisions of Domestic Violence Act at Junagadh, Criminal Misc. Application No.603/2011 in the Family Court at Junagadh claiming maintenance and Criminal complaint under section 4 of Dowry Prohibition Act before Junagadh Police Station.
3.0 The respondent-husband filed HMP No.12 of 2011 in the Court of learned Principal Senior Civil Judge, Gandevi at Gandevi, Taluka Chikli, District Navsari praying for restoration of conjugal right.
4.0 According to the applicant, she is staying with her aged father who is 66 yeas and that she has no independent income and that it would be difficult for her to attend the court proceedings at Gandevi, which is 650 kms away.
5.0 Heard.
Considering the fact that the applicant is a lady having minor child and staying with her father aged 66 years and the distance between the court and her place of residence, the prayer made in this application deserves to be granted.
6.0 Accordingly the Hindu Marriage Petition No.12 of 2011 pending in the Court of learned Principal Senior Civil Judge, Gandevi, Taluka Chikhli, District Navsari is ordered to be transferred to competent Court at Junagadh. Rule is made absolute with no order as to costs.
(K.S.JHAVERI,J.) niru* Top