MANSI W/O KULDEEP LANGHNOJA AND D/O MAHESHBHAI JAYANTBHAI GONDALIYA vs KULDEEP GHANSHYAMBHAI LANGHNOJA
- Court
- Gujarat High Court
C/MCA/1582/2026 JUDGMENT DATED: 06/11/2026
(GJHC240441652026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1582 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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MANSI W/O KULDEEP LANGHNOJA AND D/O MAHESHBHAI JAYANTBHAI
GONDALIYA
Versus
KULDEEP GHANSHYAMBHAI LANGHNOJA
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Appearance:
MR. DIVYANG JOSHI for MR. KISHAN PRAJAPATI(7074) for the Applicant(s)
No. 1
MR. VASIMRAJA A KURESHI(8609) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 06/11/2026
JUDGMENT
1. This matter was called out in the first half as well as in
the second half, on both the occasions, learned advocate for
the opponent was not present.
2. Heard Mr. Divyang Joshi, learned advocate appearing on
behalf of Mr. Kishan Prajapati, learned advocate for the
applicant.
3. Mr. Joshi, learned advocate would submit that the
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C/MCA/1582/2026 JUDGMENT DATED: 06/11/2026
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applicant happens to be the wife of the opponent, who
instituted a family suit before the Family Court, Vadodara.
whereas the applicant is residing at Ahmedabad with her minor
child aged about 4 years. It is submitted that the applicant has
already preferred an application seeking maintenance under
Section 125 of the CrPC, which is pending before the Family
Court, Ahmedabad. It is also submitted that a complaint under
the Domestic Violence Act is also filed against the opponent,
which is also pending before the concerned Court, Ahmedabad.
It is further submitted that in past, the family suit proceeding
instituted by the opponent before the Family Court, Vadodara,
was ordered to be transferred to the Family Court, Ahmedabad
by this Court vide its order dated 13.02.2025 passed in Misc.
Civil Application (For Transfer) No. 2476 of 2024. Thereafter,
such suit proceeding was withdrawn by the opponent.
4. Making the above submission, learned advocate for the
applicant, would request this Court to allow this application.
5. Having heard Mr. Joshi, learned advocate for the applicant
and considering the fact that there is no reply filed by the
opponent, controverting the factual averment stated by the
applicant in this application, this Court has reason to believe
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that there is no serious opposition by the opponent if this Court
will entertain this application. More so, the facts are very
eloquent and in past also, this Court exercised its discretion in
favour of the applicant by transferring the family suit instituted
by opponent from Family Court, Vadodara to Ahmedabad, and
thereafter, for reasons best known to the opponent, he
withdrew such suit.
6. 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 and
(ii) N.C.V. Aishwarya versus A.S. Saravana Karthik Sha -
2022 SCC OnLine SC 1199 : 2022 LiveLaw (SC) 627.
7. In the backdrop as aforesaid, present application
succeeds and is allowed accordingly. The Family Suit No.470 of
2026, pending before the Family Court at Vadodara, is directed
to be transferred to the concerned Court at Ahmedabad.
8. After the transfer of the above proceedings, it is
requested to concerned Court at Ahmedabad to see that
transferred family suit filed by opponent and suit filed by
applicant is pending before it be heard by same Court. It will be
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open for the opponent to request the concerned Court at
Ahmedabad to give common date in the proceedings which is
ordered to be transferred and the said suit pending before the
concerned Court at Ahmedabad. If such a request will be
made, the same may be considered sympathetically by the
concerned Court.
9. It is also open for the opponent to request the concerned
Court to join the proceedings through video
conferencing/online mode and if such a request is 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.
10. In view of the above, the present application is allowed in
terms of para 7(B). Rule is made absolute, accordingly.
(MAULIK J.SHELAT,J)
DEEPAK GEHLOT
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