HINA W/O ARUNKUMAR PUNAMBHAI PATNI AND D/O RAJESHBHAI PATNI vs ARUN KUMAR PUNAMBHAI PATNI

C/MCA/691/2026 JUDGMENT DATED: 16/10/2026
(GJHC240193372026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 691 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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HINA W/O ARUNKUMAR PUNAMBHAI PATNI AND D/O RAJESHBHAI
PATNI
Versus
ARUN KUMAR PUNAMBHAI PATNI
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Appearance:
MR BIPIN N LEUVA(9336) for the Applicant(s) No. 1
MR MANDEEP SINGH SALUJA(8791) for the Applicant(s) No. 1
MR KAMALKUMAR R SHARMA(9502) for the Opponent(s) No. 1
MR O I PATHAN(7684) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 16/10/2026

JUDGMENT
1. Heard Mr. Mandeep Singh Saluja, learned advocate for
the applicant and Mr. O.I. Pathan, learned advocate for the
opponent.
2. Rule returnable forthwith. Mr. Pathan, learned advocate
waives service of rule on behalf of the opponent.
3. This application is filed under Section 24 of the Code of
Civil Procedure, 1908 (CPC) to transfer the Family Suit No.10
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C/MCA/691/2026 JUDGMENT DATED: 16/10/2026
(GJHC240193372026)
of 2026 instituted by the opponent herein at Family Court,
Patan, to Family Court, Ahmedabad.
4. Mr. Saluja, learned advocate for the applicant, would
submit that applicant has formally instituted maintenance
proceeding under Section 144 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, being Criminal Misc. Application
No.3140 of 2026 against the opponent before the Family Court,
Ahmedabad, as well as filed application under Section 9 of the
Hindu Marriage Act bearing registration No. HMP 727 of 2026,
at Family Court, Ahmedabad, against the opponent. It is
submitted that applicant is required to look after minor child
aged about 5 years. It is further submitted that in the past, the
applicant and her family member was beaten up by the
opponent and for which act, a criminal case is filed.
5. Per contra, Mr. Pathan, learned advocate for the
opponent, would object the application and place reliance upon
the reply filed by the opponent. It is submitted that there is a
cross complaint filed in the matter. It is submitted that
applicant is also charge-sheeted in the complaint instituted by
opponent and she is otherwise going to attend the trial at
Patan. Further, the applicant's response on object the
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C/MCA/691/2026 JUDGMENT DATED: 16/10/2026
(GJHC240193372026)
application and reliance upon the reply by the opponent,
wherein it is submitted that there was a cross complaint filed
by the applicant.
6. Lastly, it is submitted that in a case where this Court is
inclined to allow this application, in such circumstances,
opponent may be permitted to allow to attend the proceedings
through video conference.
7. 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.
8. Having heard learned advocates for the respective
parties and considering the fact that opponent is required to
attend the proceeding instituted by applicant pending before
Family Court, Ahmedabad and the applicant is required to look
after minor child aged about 5 years, it is desirable that the
family suit instituted by the opponent be transferred to Family
Court, Ahmedabad.
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C/MCA/691/2026 JUDGMENT DATED: 16/10/2026
(GJHC240193372026)
9. In the backdrop as aforesaid, present application
succeeds and is allowed accordingly. The Family Suit No.10 of
2026, pending before the Family Court at Patan, is directed to
be transferred to the concerned Court at Ahmedabad.
10. 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 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.
11. 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.
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C/MCA/691/2026 JUDGMENT DATED: 16/10/2026
(GJHC240193372026)
12. In view of the above, the present application is allowed in
terms of para 6(B). Rule is made absolute, accordingly.
(MAULIK J.SHELAT,J)
DEEPAK GEHLOT
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