1. By way of this application, the applicant has prayed to transfer the proceedings of Regular Civil Suit No.290 of 2011 pending before the Principal Civil Judge, Nadiad to Family Court, Vadodara.
2. The facts leading to filing of this applicant are that the marriage of the applicant with the respondent was solemnized on 25.11.2007. Out of the said wedlock, the applicant has given birth to a male child, namely Arhan. It appears that after sometime, differences arose between the parties, which culminated into filing of different litigations. According to the applicant, the respondent has instituted the aforesaid proceedings only with a view to harass her. Hence, the present application.
3. Heard learned advocate for the applicant and respondent,party-in-person.
4. Considering the fact that the applicant is residing at Vadodara at her parental house alongwith her minor child. Further, the applicant being a female and poor and she has a child aged about 2 years, therefore, it is difficult for her to attend the proceedings in the Nadiad. 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 Regular Civil Suit No.290 of 2011 pending before the Principal Civil Judge, Nadiad is ordered to be transferred at competent Court, Vadodara. Rule is made absolute to the aforesaid extent.
[K.S.JHAVERI,J.] pawan Top