CHANDNIBEN NIRAVKUMAR PANCHASARA D/O CHAGANBHAI NIRMAL vs NIRAVBHAI PRAVINBHAI PANCHASARA

Court
Gujarat High Court

C/MCA/2537/2025 JUDGMENT DATED: 30/10/2026
(GJHC240715382025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2537 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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Approved for Reporting Yes No
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CHANDNIBEN NIRAVKUMAR PANCHASARA D/O CHAGANBHAI NIRMAL
Versus
NIRAVBHAI PRAVINBHAI PANCHASARA
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Appearance:
MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1
MR. RAAJEN D JADHAV(10026) for the Opponent(s) No. 1
MS. ANKITA D GOSWAMI(11990) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 30/10/2026

JUDGMENT
1. Heard Mr. Radhesh Vyas, learned advocate for the
applicant and Ms. Ankita Goswami, leaned advocate for the
opponent.
2. This application is filed under Section 24 of the Code of
Civil Procedure, 1908 (CPC) to transfer the Family Suit No.78
of 2024 pending before Family Court, Surendranagar to Family
Court, Mundra (Kachchh).
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C/MCA/2537/2025 JUDGMENT DATED: 30/10/2026
(GJHC240715382025)
3. At the outset, Ms. Goswami, learned advocate for the
opponent, would draw attention of this Court that aforesaid
suit is at the advance stage and as per the case status
produced along with the reply filed by the opponent, it is at the
stage of evidence of the defendant, i.e., applicant herein. It is
also pointed out to this Court that in past, the applicant herself
approached the Family Court, Surendranagar, by filing an
application under Section 125 of Code of Criminal Procedure,
1973 (CrPC) , though she was residing at Mandvi (Kachchh)
and in fact participated in her proceeding by travelling from
Mandvi (Kachchh) to Surendranagar.
3.1 Ms. Goswami, learned advocate for the opponent, under
the instructions of her client, who is present in the Court has
shown his willingness to pay Rs.2000/- to the applicant as a
travelling expenses whenever she will personally remain
present before the Family Court, Surendranagar, to attend the
proceeding instituted by the opponent.
4. Having considered the aforesaid facts and circumstances
of the case and the stage at which the suit in question has
reached, according to me, it would not be appropriate for this
Court to exercise its power under Section 24 to transfer the
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C/MCA/2537/2025 JUDGMENT DATED: 30/10/2026
(GJHC240715382025)
suit proceeding from Family Court, Surandranagar to Family
Court, Mundra (Kachchh), rather, to mitigate any hardship and
inconvenience of the applicant, she can be permitted to
participate the suit proceeding through video conference
unless her presence is required for her cross-examination or
otherwise.
5. Accordingly, I pass following order:
5.1 The applicant is permitted to appear through
video conference in Family Suit No.78 of 2024
instituted by the opponent pending before Family
Court, Surendranagar, unless her personal presence
is required for her cross-examination or otherwise.
5.2 The parties to the suit shall have to extend
their full cooperation support for early adjudication
of the lis between the parties by the Family Court,
Surendranagar.
5.3 In a case where such cooperation support
received from the party concerned, the Family
Court, Surendranagar, is hereby requested to hear
and decide the Family Suit No.78 of 2024 as early
as possible, preferably within one year from the
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C/MCA/2537/2025 JUDGMENT DATED: 30/10/2026
(GJHC240715382025)
date of receipt of the copy of this order.
5.4 Since it is agreed before this Court that
opponent will pay Rs.2000/- per visit to the
applicant whenever she attend the proceedings
instituted by the opponent, i.e. Family Suit No.78 of
2024, it is hereby ordered that in a case where the
applicant personally attend the aforesaid
proceeding, opponent is directed to pay said
amount to applicant without fail. In a case of failure,
it will be opened for the applicant to request the
Family Court to pass appropriate order in this
regard.
6. At this stage, Mr. Vyas, learned advocate for the
applicant, would request this Court that in a case where
applicant approaches the DLSA, Surendranagar, she may be
provided a legal help. It is open for the applicant to approach
the DLSA, Surendranagar, for legal aid and assistance in the
matter. As and when the applicant approaches to the DLSA,
Surendranagar, its secretary concerned is hereby requested to
do the needful at the earliest.
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C/MCA/2537/2025 JUDGMENT DATED: 30/10/2026
(GJHC240715382025)
7. In view of the foregoing reasons and direction, this
application is not entertained at this stage. Accordingly, it is
rejected with foregoing directions and order. Notice is
discharged. Interim relief stands vacated forthwith. No order as
to costs.
(MAULIK J.SHELAT,J)
DEEPAK GEHLOT
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