1. By way of this application, the applicant has prayed to transfer the proceedings being HMP No.106 of 2012 pending before the Family Court, Ahmedabad to the Family Court, Surat.
2. The facts leading to filing of this applicant are that the marriage of the applicant with the respondent was solemnized on 16.02.2010. The applicant and respondent were living at Ahmedabad after their marriage. After three months of marriage, the dispute arose between the applicant and the respondent. The respondent filed the said petition before the Family Court, Ahmedabad and the applicant is at present residing with her father at Surat. Hence, the present application.
3. I have heard learned advocates for the applicant and respondents and perused the materials on record. Considering the fact that the applicant being a female person and, therefore, it is difficult for her to attend the proceedings in Ahmedabad from Surat. The applicant has no source of income. The distance between Ahmedabad to Surat is approximately 258 Kms, and it is difficult for the applicant to travel 4.5 house journey. Even otherwise, there is nothing on the record to show that, if, the proceedings are transferred, any prejudice would be caused to the respondent. Hence, the present application deserves to be allowed.
5. In the result the present applicant is allowed. The proceedings being of HMP No.106 of 2012 pending before the Family Court, Ahmedabad is ordered to be transferred at competent Court, Surat. Rule is made absolute to the aforesaid extent.
[K.
S. JHAVERI, J. ] vijay Top