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Thakorbhai Tribhovandas Govardhan ­ Opponents

High Court Of Gujarat|16 February, 2012
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JUDGMENT / ORDER

Rule. Mr. KR Dave learned counsel waives service of rule. With the consent of both the sides, the matter is taken up for final hearing today. 1. This application has been preferred u/s.24 of the Code of Civil Procedure praying to transfer the proceedings of Family Suit No.14/2011 pending before the Court of learned Civil Judge (S.D.), Bharuch to the competent Court at Vadodara.
2. The main grounds under which the applicant has prayed for transfer of proceedings is that some proceedings are pending before the applicant and respondent herein before the trial Court at Vadodara. It is submitted that the applicant is residing along with her aged parents and is also the mother of a four year old child. Therefore, she will have to face great hardships if she has to attend the proceedings before the concerned trial Court at Bharuch. It is, therefore, requested that the proceedings pending before the Court at Bharuch be transferred to the competent Court at Vadodara.
3. Heard learned counsel for the parties. It appears from the record that different proceedings are pending between the parties before the concerned Court at Vadodara. The proceedings arising out of a criminal complaint are also pending before the concerned Court at Vadodara. At present, the minor son is residing with the applicant at the parental house. For the purpose of attending the proceedings at Bharuch, the applicant will have to travel a long distance.
4. Considering the fact that the applicant is a lady, who has to look after her minor child and that she has to travel a long distance for attending the proceedings at Bharuch, it would be in the fitness of things to transfer the proceedings of Family Suit No.14/2011 pending before the Court of learned Civil Judge (S.D.), Bharuch to the competent Court at Vadodara, particularly when, in these days, it has become very unsafe for women in our country to travel alone.
5. For the foregoing reasons, the application is allowed. The proceedings of Family Suit No.14/2011 pending before the Court of learned Civil Judge (S.D.), Bharuch is transferred to the competent Court at Vadodara. The application stands disposed of accordingly. Rule is made absolute.
[K. S. JHAVERI, J.] Pravin/*
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Title

Thakorbhai Tribhovandas Govardhan ­ Opponents

Court

High Court Of Gujarat

JudgmentDate
16 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Haroik G Patel