Hiral Jayesh Nandani D/O ... vs Jayesh Vrajlal Nandani
2023 Latest Caselaw 3560 Guj

     C/MCA/1209/2022                                ORDER DATED: 28/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1209 of 2022

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           HIRAL JAYESH NANDANI D/O DINESHBHAI RAJVEER
                             Versus
                     JAYESH VRAJLAL NANDANI
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Appearance:
MR.NAYANKUMAR V SHUKLA(10184) for the Applicant(s) No. 1
MR VISHWAJITSINH V JADEJA(11128) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                          Date : 28/04/2023

                            ORAL ORDER

1. This application is filed under Section 24 of the Code of

Civil Procedure, 1908 by the applicant - wife to transfer

Family Suit No.210 of 2022, pending before the Court of

learned Principal Judge, Family Court, Rajkot to the

concerned Court at Surendranagar.

3. Heard learned advocates appearing for the parties.

4. When the matter is called out, learned advocate

appearing for the applicant has submitted that now the matter

is ripe for hearing. Learned advocate for the applicant further

C/MCA/1209/2022 ORDER DATED: 28/04/2023

submitted that considering the financial hardship caused to

the applicant, some reasonable amount for transportation may

be awarded to the applicant herein from the present

respondent.

5. Mr. Vishwajitsinh Jadeja, learned advocate appearing

for the opponent - husband submits that his client is ready

and willing to pay transportation expenses to the applicant -

wife.

6. Considering the judgment of Hon'ble Apex Court in the

case of Abhilasha Gupta Vs. Harimohan Gupta reported in

2021 (9) SCC 730, such transfer at the belated stage is not

advisable as per the application made under Section-24 of the

Act. Hence, the present application is disposed of. The Family

Court, Rajkot is directed to expedite hearing of Family Suit

No.210 of 2022 and decide the same as expeditiously in

accordance with law without giving any unnecessary

adjournments in the matter. The opponent - husband is

directed to pay an amount of Rs.1,000/- towards

transportation expenses on each adjournment to the applicant

C/MCA/1209/2022 ORDER DATED: 28/04/2023

- wife. The affidavit-in-reply filed by the opponent - husband is

taken on record.

7. With the above directions, present petition stands

disposed of. Interim relief, if any, stands vacated forthwith.

Notice is discharged.

Direct service is permitted.

(SANDEEP N. BHATT,J) A. B. VAGHELA