RASHAMI W/O RONAKBHAI PADAMANI D/O LIMBABHAI NATHUBHAI PANSURIYA vs RONAKBHAI RAMESHBHAI PADAMANI

C/MCA/1783/2026 JUDGMENT DATED: 16/10/2026
(GJHC240527872026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1783 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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RASHAMI W/O RONAKBHAI PADAMANI D/O LIMBABHAI NATHUBHAI
PANSURIYA
Versus
RONAKBHAI RAMESHBHAI PADAMANI
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
RULE SERVED 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. S. D. Moghariya, learned advocate for the
applicant.
2. This application is filed under Section 24 of Civil
Procedure Code, 1908 (for short “CPC”) seeking transfer
of Family Suit No. 937 of 2026 pending before the Family
Court at Surat to the concerned Court at Jasdan, District
– Rajkot.
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C/MCA/1783/2026 JUDGMENT DATED: 16/10/2026
(GJHC240527872026)
3. It appears that the opponent is duly served with the
notice of rule on 07.09.2026 and despite giving an
opportunity to appear and defend this proceeding, he
chooses not to appear.
4. Mr. Moghariya, learned advocate, would submit that
the applicant happens to be wife of the opponent who is
residing at Jasdan, District – Rajkot, whereas the
opponent has instituted a family suit against her before
Family Court at Surat. The distance between Surat to
Jasdan is about 400 km in one go. It would cause great
hardship and inconvenience for the applicant to attend
the proceedings at Surat.
4.1. It is further submitted that the applicant has also
preferred maintenance application under Section 144 of
Bhartiya Nagarik Suraksha Sanhita, 2023 before the
Family Court, Jasdan, District – Rajkot.
4.2. Making the above submissions, Mr. Moghariya,
learned advocate, would request this Court to allow the
present application.
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C/MCA/1783/2026 JUDGMENT DATED: 16/10/2026
(GJHC240527872026)
5. 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 Surat to Jasdan is about 400 kilometers. It
appears that the averments made in this application
remain uncontroverted.
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, (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.
7. In the backdrop as aforesaid, present application
succeeds and is allowed accordingly. The Family Suit No.
937 of 2026 pending before the Family Court at Surat is
directed to be transferred to the concerned Court at
Jasdan.
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C/MCA/1783/2026 JUDGMENT DATED: 16/10/2026
(GJHC240527872026)
8. After the transfer of the above proceedings, it is
requested to concerned Family Court at Jasdan to see
that transferred family suit filed by opponent and the
maintenance proceedings filed by applicant which is
pending before it shall be heard by the same Court. It will
be open for the opponent to request the concerned Court
at Jasdan to give common date in the proceedings. If such
a request will be made, the same may be considered
sympathetically by the concerned Court.
9. In view of the above, the present application is
allowed in terms of paragraph-8(A). Rule is made
absolute, accordingly.
(MAULIK J.SHELAT,J)
SHAHANAZ
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