Hetal W/O Kodidasbhai Alias ... vs Khodidas Alias Dharmesh ...
2023 Latest Caselaw 3563 Guj

      C/MCA/562/2022                             ORDER DATED: 28/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 562 of 2022

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     HETAL W/O KODIDASBHAI ALIAS DHARMESH WAGHELA AND D/O
                  RAJUBHAI BACHUBHAI BARAIYA
                             Versus
          KHODIDAS ALIAS DHARMESH VIJAYBHAI WAGHELA
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Appearance:
PRIYAL YATIN SHAH(8996) for the Applicant(s) No. 1
MS BHAKTI M JOSHI(3820) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                          Date : 28/04/2023

                             ORAL ORDER

1. Leave to amend is granted.

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

Civil Procedure, 1908 by the applicant - wife to transfer

Family Suit No.680 of 2021, pending before the Family Court,

Ahmedabad to the concerned Court at Jasdan or at Rajkot.

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

C/MCA/562/2022 ORDER DATED: 28/04/2023

is ripe for hearing and at the stage of recording of deposition

of the parties. Learned advocate for the applicant further

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. Ms. Bhakti Joshi, learned advocate appearing for the

opponent - husband submits that since the matter is not

required to be transferred, if the Court directs the opponent -

husband for reasonable amount to be paid to the applicant

towards transportation, he will pay 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, Ahmedabad is directed to expedite hearing of Family

Suit No.680 of 2021 and decide the same as expeditiously in

accordance with law without giving any unnecessary

C/MCA/562/2022 ORDER DATED: 28/04/2023

adjournments in the matter. The opponent - husband is

directed to pay an amount of Rs.1,500/- towards

transportation expenses on each adjournment to the applicant

- wife.

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