Gujarat High Court
Dakshina (Dakshita) D/O Mithilesh Dave vs Dikshit (Chandan) Pradipbhai Trivedi on 21 July, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/MCA/347/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 347 of 2020
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DAKSHINA (DAKSHITA) D/O MITHILESH DAVE
Versus
DIKSHIT (CHANDAN) PRADIPBHAI TRIVEDI
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Appearance:
MR ANKUR Y OZA(2821) for the Applicant(s) No. 1
MR PREMAL S RACHH(3297) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 21/07/2020
ORAL ORDER
1. Heard Mr. Ankur Oza, learned advocate for the applicant and Mr. Premal Rachh, learned advocate for the respondent through video conferencing.
2. This is an application filed under Section 24 of the Code of Civil Procedure for transfer of HMP Case No. 3 of 2019 from the court of Principal Senior Civil Judge, Nakhatrana, Kutch to the Court of the Senior Civil Judge, Veraval.
3. The case of the applicant wife as argued by Mr. Ankur Oza, learned advocate for the applicant is that the main petition is for dissolution of marriage. Both the applicant and the respondent are residing at Prabhas Patan, Veraval, District :
Somnath. The applicant states that they have a minor daughter aged 4 years and it causes hardship to the applicant to travel from Veraval to Nakhatrana. The case of the applicant is that since the marriage of the applicant and respondent was solemnized at Prabhas Patan, Veraval and even an application for maintenance has been filed by the applicant at Veraval, the petition may be transferred to Veraval .
4. Mr. Premal Rachh, learned advocate for the respondent vehemently objects to the transfer of the proceedings to Veraval. He states that the application is Page 1 of 2 Downloaded on : Tue Jul 21 22:25:29 IST 2020 C/MCA/347/2020 ORDER misconceived and the allegation that the respondent has filed this application to mentally harass and cause hardship to the applicant is an allegation unfounded.
5. Having heard learned advocates for the respective parties and having considered the facts in the application, more particularly, the fact that the applicant and the respondent both reside at Prabhas Patan, Veraval and that they have a minor daughter, the proceedings pending at Nakhatrana are required to be transferred to Veraval, Somnath. The application for maintenance too is pending at Veraval. Therefore, it shall be in the fitness of things if the petition is transferred to Veraval.
6. Accordingly, present application is allowed. The proceedings of HMP No. 3 of 2019 pending before the Senior Civil Judge, Nakhatrana are transferred to the court of Senior Civil Judge, Veraval at Somnath. The learned Principal Senior Civil Judge, Nakhatrana, Kutch before whom the proceedings of Hindu Marriage Petition No. 3 of 2019 are pending, is hereby directed to transmit/transfer the same to the Court at Veraval, Somnath immediately. Rule is made absolute.
(BIREN VAISHNAV, J) Divya / A. B. VAGHELA Page 2 of 2 Downloaded on : Tue Jul 21 22:25:29 IST 2020