IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

MISC.CIVIL APPLICATION (FOR TRANSFER) NO. 1103 of 2014

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

=======================================================================
1	Whether Reporters of Local Papers may be allowed to see the judgment ?
2	To be referred to the Reporter or not ?
3	Whether their Lordships wish to see the fair copy of the judgment ?
4	Whether this case involves a substantial question of law as to the<br>interpretation of the Constitution of India, 1950 or any order made<br>thereunder ?
5	Whether it is to be circulated to the civil judge ?
====	=======================================================================
	RANITA SINGH WIFE OF GAURAV KUMAR GAHARVARApplicant(s)

Versus

GAURAV KUMAR DEVENDRASINH GAHARVAR....Opponent(s)

=======================================================================

Appearance:

MR HB SINGH, ADVOCATE for the Applicant(s) No. 1 DS AFF.NOT FILED (R) for the Opponent(s) No. 1 RULE NOT RECD BACK for the Opponent(s) No. 1 UNSERVED-REFUSED (N) for the Opponent(s) No. 1 =======================================================================

CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

Date : 27/08/2014

ORAL JUDGMENT

1. The present MCA is filed praying that:-

"9. (b) To pass an appropriate order directing the HMP No.144 of 2014 pending in the Court of learned Family Court, Ahmedabad filed by the opponent u/s 13(1)(i-b) of the Hindu Marriage Act, for Decree of the conjugal rights

to transfer the same to Family Court at Gandhinagar."

2. The Court after hearing learned Advocate for the applicant, issued notice on 09.06.2014 returnable on 19.06.2014. Thereafter, the Court issued Rule on 24.07.2014 returnable on 27.08.2014.

2.1 Though the Rule is served, the respondent has chosen not to appear.

3. Learned Advocate Mr.Singh for the applicant invited attention of the Court to paras-2, 3 and 4 of the application, which read as under:-

"2. The applicant submits that the applicant had married with the opponent on 10-11-2009. Out of the wedlock the applicant had become mother of one child who is minor. As there was some matrimonial disputes, the applicant was thrown out of the house of the matrimonial home. The opponent under influence of his parents used to beat and abuse the applicant and the child and was not maintaining the applicant and her child properly. Therefore the applicant filed an application under section 125 of Cr.P.C. inter alia praying for alimony /maintenance from the opponent for herself and her child before the Family Court Ahmedabad.

3. The applicant submits that she had tried to return back to her matrimonial home by

requesting her family and also attempted to arrive at a compromise between two families. But opponent family did not respond and did not permit the applicant to return back. Thereafter, the present applicant has filed the application being Cr.M.A. No.541/2012 u/s 9(B) and 37(2)(C) of Domestic Violence Act, 2005 before Judicial Magistrate First Class, Gandhinagar on 30.08.2012, which is pending in the court of Gandhinagar. The applicant had filed a complain U/s 498-A of IPC which is also pending in the Court of Gandhinagar. The copy of application being Cr.M.A. No.531/2012 of is annexed as annexure-A.

4. However in the meanwhile, the opponent has filed HMP No.230/2012 before the Court of Senior Civil Court, Anand District under section 13(1)(i-a) of the Hindu Marriage Act praying for Decree divorce of conjugal rights on 05.11.2012."

5. Having heard the learned Advocate for the applicant and having perused the contents of the application, the same is allowed. The proceedings of HMP No.144 of 2014 pending in the Family Court at Ahmedabad are transferred to Family Court at Gandhinagar. Rule is made absolute. No order to costs.

(RAVI R.TRIPATHI, J.)

SHITOLE