Suhani Praveenbhai Pujara v. Ankit Jasvantlal Davda
2020-01-17
B.N.KARIA
body2020
DigiLaw.ai
ORDER : B.N. Karia, J. 1. Present application has been filed by the present applicant seeking transfer of Family Suit No. 999 of 2018 pending before the learned Family Court, Vadodara to the court of learned Senior Division and JMFC, Dessa District Banaskantha and order the learned Senior Civil Judge and JMFC, Deesa District Banaskantha to conduct the said matter in accordance with law. 2. Heard learned advocates for the respective parties. 3. It was submitted by learned advocate for the applicant that the applicant has initiated the proceeding being Criminal Misc. Application No. 31 of 2019 for maintenance under Section 125 of the Code of Criminal Procedure before the learned JMFC, Bhabhar. That, the applicant has also filed an FIR being CR No. I-53 of 2019 with Bhabhar Police Station against the respondent herein. Thus, there are two proceedings initiated by the applicant herein at Bhabhar and if the proceedings of Family Suit No. 999 of 2018 pending before the Hon'ble Family Court Vadodara is transferred to the Court at Deesa, which would have jurisdiction to adjudicate the family suit wherein the applicant is the respondent and resides at Bhabhar, it would be in the interest of justice. That, the distance between Bhabhar and Deesa is around 72 kilometer and distance between Bhabhar and Vadodara is around 305 kilometer and if the applicant had to attend the proceedings at Vadodara, the present applicant will have to travel almost 305 kilometer which would take at least six hours to reach Vadodara. That, the present applicant being lady, it is causing tremendous inconvenience for the present applicant to attend the proceedings at Vadodara. That, the respondent herein is running a medical store and earning quite a good amount and therefore, if the family suit is transferred to Deesa, no prejudice is going to be caused to the respondent. Thus, it was requested by learned advocate for the applicant to allow present application. 4. On the other side, learned advocate for the respondent has strongly objected the submissions made by learned advocate for the applicant and submitted that the respondent is employed at Vadodara and the applicant is not required to remain on every adjournment. Though in view of the legal position, the respondent undertakes to bear appropriate expenses in favour of the applicant, when she is required to attend court proceedings at Vadodara.
Though in view of the legal position, the respondent undertakes to bear appropriate expenses in favour of the applicant, when she is required to attend court proceedings at Vadodara. That, considering the long gape of separation between both of them, it is not possible for reunion. Thus, to save life of both the parties and avoid alleged inconveniency to the applicant, the respondent is ready and willing to give her mutual divorce without undertaking the trial. That, on account of exorbitant demand as condition for divorce, the applicant is not agreeable for the said proposal. Thus, it was requested by learned advocate for the respondent to dismiss present application. 5. Having heard learned advocates for the respective parties and averments made in the application by the applicant and averments made in the reply by the respondent, it appears that reasons for transferring the family suit appears to have been sufficiently explained by the learned advocate for the applicant and thus, this court deems it fit to grant the prayer of the applicant. 6. Accordingly, present application stands allowed. The Family Suit No. 999 of 2018 pending before the learned Family Court, Vadodara is ordered to be transferred to the court of learned Senior Division and JMFC, Dessa District Banaskantha and learned Senior Civil Judge and JMFC, Deesa District Banaskantha shall conduct the said matter in accordance with law. Rule is made absolute to the aforesaid extent.