KRISHNA SANJAY MAKVANA D/O NATHABHAI MADHABHAI vs SANJAY MANSUKBHAI MAKVANA

C/MCA/1760/2026 JUDGMENT DATED: 16/10/2026
(GJHC240494062026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1760 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE MAULIK J.SHELAT

==========================================================
Approved for Reporting Yes No
==========================================================
KRISHNA SANJAY MAKVANA D/O NATHABHAI MADHABHAI
Versus
SANJAY MANSUKBHAI MAKVANA
==========================================================
Appearance:
MS SUHANI SHAH FOR MR. PUNDREEK B ODEDRA(17308) for the
Applicant(s) No. 1
RULE SERVED for the Opponent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 16/10/2026

JUDGMENT
1. Heard Ms. Suhani Shah, learned advocate, appearing on
behalf of Mr. Pundreek B. Odedra, learned advocate for the
applicant.
2. Though served, none appeared for the opponent.
3. This Court vide itts order dated 25.09.2026 passed the
following order:
“ It appears that the opponent is duly served with the notice of rule of this application on
12.08.2026. None is present for the opponent.
Hence, in the interest of justice, stand over to 16.10.2026 .”
Page 1 of 4
Uploaded by SYED SHAHANAZ(HC02353) on Thu Oct 22 2026 Downloaded on : Fri Oct 23 04:05:04 IST 2026

C/MCA/1760/2026 JUDGMENT DATED: 16/10/2026
(GJHC240494062026)
4. This application is filed under Section 24 of Civil
Procedure Code, 1908 (for short “CPC”) seeking transfer of
Family Suit No. 193 of 2025 pending before the Family Court
at Bhuj – Kachchh to the concerned Court at Dwaraka.
5. At the outset, Ms. Shah, learned advocate, would submit
that the applicant happens to be the wife of the opponent and
she is residing at Dwarka. Ms. Shah, learned advocate, would
submit that the distance between the Dwarka to Kutchh-Bhuj
is more than 300 kms. The opponent has instituted the Family
Suit before the Family Court, Kutchh- Bhuj, which is sought to
be transferred.
5.1 It is further submitted that the applicant is having
daughter aged about 3.5 years. Despite the maintenance
order passed against the opponent, he is not making the
payment of maintenance regularly.
5.2. Making the above submissions, Mr. Odedra, learned
advocate, would request this Court to allow the present
application.
6. As observed above, despite giving reasonable
opportunity to the opponent to defend this application, he
Page 2 of 4
Uploaded by SYED SHAHANAZ(HC02353) on Thu Oct 22 2026 Downloaded on : Fri Oct 23 04:05:04 IST 2026

C/MCA/1760/2026 JUDGMENT DATED: 16/10/2026
(GJHC240494062026)
chooses not to appear and contest this application.
7. Having heard learned advocate for the applicant and
upon perusal of the application, prima facie, it appears that
inconvenience of the applicant to attend the suit proceeding
instituted by the opponent is much more than the opponent. It
is an undisputed fact that the distance between Dwarka to
Kutch is more than 300 kilometers and the applicant is also
required to look after her minor daughter, who is aged about
3.5 years. It is also remained undisputed that the applicant is
not getting regular maintenance and financial support from
the opponent to maintain herself and minor child, which
definitely causes great hardship and inconvenience to the
applicant to attend the proceeding instituted by the opponent
far away from her place of residence.
8. At this stage, it would be fruitful to refer to the ratio laid
down by the Hon’ble Supreme Court in the cases of (i) Smita
Singh Versus Kumar Sanjay - AIR 2002 SC 396, (ii)
N.C.V. Aishwarya versus A.S. Saravana Karthik Sha -
2022 SCC OnLine SC 1199 : 2022 LiveLaw (SC) 627 and
(iii) Ruchi Majoo v. Sanjeev Majoo, (2011) 6 SCC 479.
Page 3 of 4
Uploaded by SYED SHAHANAZ(HC02353) on Thu Oct 22 2026 Downloaded on : Fri Oct 23 04:05:04 IST 2026

C/MCA/1760/2026 JUDGMENT DATED: 16/10/2026
(GJHC240494062026)
9. In the backdrop as aforesaid, present application succeeds
and is allowed accordingly. The Family Suit No. 193 of 2025
pending before the Family Court at Bhuj – Kachchh is directed
to be transferred to the concerned Court at Dwarka.
10. After the transfer of the above proceedings, it is open for
the opponent to request the concerned Court to join the
proceedings through video conferencing/online mode and if
such a request will be made by the opponent, the Court
concerned may also consider the same unless the physical
presence of the opponent is required to attend the
proceedings at a particular stage of proceedings.
11. In view of the above, the present application is allowed
in terms of paragraph-12(B). Rule is made absolute,
accordingly.
(MAULIK J.SHELAT,J)
SHAHANAZ
Page 4 of 4
Uploaded by SYED SHAHANAZ(HC02353) on Thu Oct 22 2026 Downloaded on : Fri Oct 23 04:05:04 IST 2026