[Cites 4, Cited by 0]
Gujarat High Court
Urvi Patel W/O Amitkumar Patel And D/O ... vs Amitkumar Bhupatbhai Patel (Galani) on 20 March, 2026
NEUTRAL CITATION
C/MCA/1872/2025 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1872 of 2025
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URVI PATEL W/O AMITKUMAR PATEL AND D/O BHANJIBHAI PAMBHAR
Versus
AMITKUMAR BHUPATBHAI PATEL (GALANI)
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Appearance:
MS SANGITA M. CHAUHAN FOR SUDHANSHU A JHA(8345) for the
Applicant(s) No. 1
MR. SHIVRAJ H SHAH(18851) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 20/03/2026
ORAL ORDER
1. By invoking the provision under Section 24 of the Code of Civil
Procedure 1908, (For short "CPC"), applicant-original Defendant
has prayed for the following reliefs:-
"(A) This Hon'ble Court may be pleased to admit
and allow this application.
(B) This Hon'ble Court may be pleased to
transfer the Family Suit No.1535 of 2023 filed by
the respondent before the Ld. Family Court Surat
to Ld. Family Court Jamnagar.
(C) Pending hearing and final disposal of this
application, this Hon'ble Court may be pleased to
stay the proceedings of the Family Suit No.1535
NEUTRAL CITATION
C/MCA/1872/2025 ORDER DATED: 20/03/2026
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of 2023 pending before the Ld. Family Court-
Surat.
(D) This Court may be please to grant any other
and further reliefs, as the nature and
circumstances of the present case may required."
2. Heard learned advocate Ms.Sangita M.Chauhan for for applicant-
original defendant. Though served, none appeared for opponent-
original plaintiff. Learned advocate for the applicant has produced
the Order dated 07.02.2026 of the Family Suit No.150 of 2021. The
said order is taken on record.
3. Learned advocate for the applicant submitted that the marriage
between the applicant and respondent herein were solemnized on
12.06.2014 at Surat.
3.1. It is submitted that the applicant is by profession a Homeopath
Doctor running her clinic at Jamnagar.
3.2. It is further submitted that the applicant wife had filed a divorce
petition under Section 13 of the Hindu Marriage Act before the
learned Family Court at Rajkot as at the relevant point of time the
applicant was doing her internship at Rajkot. However, the Family
Suit came to be dismissed by the learned Court below on 07.02.2026
NEUTRAL CITATION
C/MCA/1872/2025 ORDER DATED: 20/03/2026
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and the applicant is in process of assailing the said judgement and
decree.
3.3. It is submitted that the respondent herein had filed an
application under Section 9 of the Hindu Marriage Act for restitution
of conjugal right before the learned Family Court at Surat. The
applicant is staying at Jamnagar with her parents and the distance
between Surat and Jamnagar is 524 Kms. one way.
3.4. It is further contended that since the applicant is running her
homeopath clinic at Jamnagar, it would be difficult for the applicant
to attend the Court proceedings at Surat on each and every
adjournments.
3.5. In view of the above submissions, learned advocate for
applicant urged to allow the present application. Except above, no
other submissions are made by learned advocate for applicant.
4. In absence of any contest on behalf of the husband and
considering the submissions made by the learned advocate for the
applicant, it appears that the marriage between the parties was
solemnized on 12.06.2014. The applicant wife filed a divorce
proceedings before the learned Family Court at Rajkot being Family
Suit No.150 of 2021 which came to be dismissed on 07.02.2026. In
the meantime, the respondent-husband has filed Section 9
application for restitution of conjugal right before the learned
Family Court at Surat. It also appears from the averments made in
NEUTRAL CITATION
C/MCA/1872/2025 ORDER DATED: 20/03/2026
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the application as well as from the submissions canvassed by the
learned advocate for the applicant that the applicant being a
homeopath by profession is running a clinic at Jamnagar.
Considering the distance between Surat and Jamnagar and also
considering the fact that the applicant wife is running a clinic at
Jamnagar, it would be in the interest of justice that the Family Suit
No.1535 of 2023 pending before the Family Court at Surat be
transferred to the learned Family Court at Jamnagar where the
applicant is staying.
6. Under these circumstances, prayer made by the present applicant
requires consideration and the same is allowed. Hence, the
proceedings of Family Suit No.1535 of 2023 pending before the
learned Family Court, Surat shall be transferred to the learned
Family Court, Jamnagar for hearing and final disposal, in accordance
with law.
7. With these observations and directions, the present application is
allowed and stands disposed of accordingly. No order as to cost.
8. It is clarified that this Court has not expressed any opinion on the
merits of the case. All the contention of both the sides are left open.
(D. M. DESAI,J)
URIL RANA
