Nai Pravinaben Sureshbhai vs Nai Sureshbhai Parshottamdas

M.R. Shah, J.—The present application u/s 24 of the CPC has been preferred by the applicant - wife to transfer the proceedings of HMP No. 36/2011 from the Court of learned Principal Senior Civil Judge, Mehsana to the Family Court, Ahmedabad.

Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that since last more than 15 years, the applicant and Respondent were residing at Ahmedabad and that even the Respondent - husband is serving as Professor at Ahmedabad and there are two other proceedings pending at learned Family Court, Ahmedabad, the proceedings pending in the Court of learned Principal Senior Civil Judge, Mehsana initiated by the Respondent - husband are required to be transferred to learned Family Court at Ahmedabad.

It prima facie appears that the proceedings have been initiated at Ahmedabad to harass the Petitioner - wife. In the facts and circumstances of the case as narrated hereinabove when the parties are residing at Ahmedabad since last more than 15 years and Respondent - husband is serving at Ahmedabad, there was no reason to initiate the proceedings at Mehsana. Be that it may, in the facts and circumstances of the case and more particularly there are two other proceedings pending in the Family Court, Ahmedabad, even the Respondent- husband is required to attend the said proceedings at Family Court, Ahmedabad, this is a fit case to transfer the proceedings of HMP No. 36/2011 from the Court of learned Principal Senior Civil Judge, Mehsana to the Family Court, Ahmedabad, to be heard along with Criminal Misc. Application No. 702/2011 and Family Suit No. 380/2011.

In view of the above and for the reasons stated hereinabove, the present application is allowed. It is ordered to transfer HMP No. 36/2011 from the Court of learned Principal Senior Civil Judge, Mehsana to the Family Court, Ahmedabad, to be heard along with Criminal Misc. Application No. 702/2011 and Family Suit No. 380/2011. Rule is made absolute accordingly. No costs.