Jalpaben Jitendrabhai Solanki vs. Jitendrabhai Arvindbhai Solanki

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.14456 OF 2024 [Arising from Special Leave to Appeal (C) No. 8286/2024]

JALPABEN JITENDRABHAI SOLANKI APPELLANT(S)

VERSUS

JITENDRABHAI ARVINDBHAI SOLANKI RESPONDENT(S)

O R D E R

1. Despite service of notice and communication dated 05.07.2024 by the Registry of this Court, respondent has not put in appearance, however, he has sent his reply affidavit in the matter.

2. Leave granted.

Digitally signed by NEETU KHAJURIA Date: 2024.12.17 11:15:52 IST Reason:

Signature Not Verified

3. We have heard learned counsel for the appellant and perused the material placed on record.

4. This appeal is filed against the judgment and order dated 07.12.2023 passed by the High Court of Gujarat at Ahmedabad in Miscellaneous Civil Application (For Transfer) No.1232 of 2023, whereby the High Court dismissed the application of the appellant-wife by declining the prayer for transfer of proceedings in Family Suit No.105 of 2023 filed by the respondenthusband from the Family Court, Bhavnagar to the Court of Senior Civil Judge, Botad.

5. We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the appellant and accept the same.

6. We, therefore, set aside the impugned order and allow this appeal. Accordingly, the Family Suit No.105 of 2023 pending before the Family Court, Bhavnagar is ordered to be transferred to the Court of Senior Civil Judge, Botad.

7. Records of the case should immediately be transferred to the transferee court.

8. The parties may explore the possibility of settlement through Mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard.

9. The parties are at liberty initially to appear through virtual mode. If such request is made, the concerned court may favourably consider the same and thereafter, if need be, parties can be asked to appear through physical mode.

10. Pending application(s), if any, shall stand disposed of.

.......................J. (VIKRAM NATH)

.......................J. (PRASANNA B.VARALE)

NEW DELHI; DECEMBER 13, 2024

2

ITEM NO.50 COURT NO.6 SECTION III

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 8286/2024

[Arising out of impugned final judgment and order dated 07-12-2023 in MCA No. 1232/2023 passed by the High Court of Gujarat at Ahmedabad]

JALPABEN JITENDRABHAI SOLANKI Petitioner(s)

VERSUS

JITENDRABHAI ARVINDBHAI SOLANKI Respondent(s)

(IA No. 71804/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 71807/2024 - EXEMPTION FROM FILING O.T. AND IA No. 80772/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

Date : 13-12-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE PRASANNA B. VARALE

For Petitioner(s) Mr. Navin Pahwa, Sr. Adv. Mr. Siddharth Garg, Adv. Mr. Himanshu Chaubey, AOR Mr. Srijan Sinha, Adv. Mr. Lihzu Shiney Konyak, Adv. Mr. Srajan Yadav, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), shall stand disposed of.

(NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER

(Signed order is placed on the file.)