1. The present application u/s.24 of the Civil Procedure Code has been filed for transfer of the proceedings of HMP No.27/2011 pending before the learned Principal Senior Civil Judge at Gandhidham – Kutch to the Family Court at Rajkot.
2. The facts in brief are that the respondent herein has filed HMP No.27/2011 before the learned Principal Senior Civil Judge, at Gandhidham Kutch u/s.10 of the Hindu Marriage Act against the applicant for judicial separation.
3. It is the case of the applicant that on account of the matrimonial dispute with the respondent, at present she is residing along with her minor daughter and parents, who are aged persons, in Rajkot District and that she has to face great hardships while attending the proceedings of the HMP at Gandhidham Kutch. She has, therefore, prayed to transfer the said proceedings to the Family Court at Rajkot.
4. Heard learned counsel for the respective parties and perused the documents on record. The applicant herein is a lady who, at present, is residing with her aged parents and minor daughter in Rajkot District. The distance between Gandhidham Kutch and Rajkot Districts is considerably long. Being a lady, it would be difficult for her to attend the proceedings pending with the Court, Gandhidham – Kutch on regular basis.
5. Considering the facts and circumstances of the case, it would be appropriate that the proceedings of HMP NO. 27/2011 filed by the respondent and pending with the Court at Gandhidham Kutch are transferred to the Family Court at Rajkot and that the respondent herein attends the said proceedings in the Family Court at Rajkot. Orders accordingly. The application stands disposed of accordingly. Rule is made absolute.
[K.S. JHAVERI, J.] /phalguni/