KATHAROTIYA KAJALBEN VIJAYBHAI vs KATHAROTIYA VIJAYBHAI MADHUBHAI
- Court
- Gujarat High Court
C/MCA/1361/2026 JUDGMENT DATED: 23/10/2026
(GJHC240412762026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1361 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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KATHAROTIYA KAJALBEN VIJAYBHAI
Versus
KATHAROTIYA VIJAYBHAI MADHUBHAI
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Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
RAJPUROHIT R BHAWARLAL(9420) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 23/10/2026
JUDGMENT
1. Heard Mr. Amit P. Soliya, learned advocate for the
applicant. None remained present for the opponent.
2. This application is filed under Section 24 of Civil
Procedure Code, 1908 (for short “CPC”) seeking transfer
of Family Suit No. 134 of 2025 pending before the Family
Court, Amreli to the concerned Court at Surat.
3. Mr. Soliya, learned advocate for the applicant, would
submit that the applicant happens to be wife of the
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opponent who instituted a family suit in question against
the applicant at Family Court, Amreli and the applicant is
residing along with her minor son at Surat which is about
500kms away from Amreli.
3.1. It is submitted that despite the order of maintenance
granted by the competent Court, the opponent – husband
is not paying any maintenance for which an appropriate
application for recovery is filed which is pending before
the Family Court, Surat. It is further submitted that apart
from such proceeding, there is an application filed by the
opponent against the applicant before the Family Court,
Surat as regards to custody of the minor child to which he
has to attend the proceeding at Surat.
3.2. Lastly, it is submitted that there is also a criminal
case pending against the opponent instituted at the
instance of the applicant. Mr. Soliya, learned advocate for
the applicant, would further submit that due to financial
crunch and no support from the opponent to maintain the
applicant and her minor child, it causes great hardship
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and inconvenience to attend the proceeding instituted by
the opponent at Amreli.
3.3. Since none appeared for the opponent, this Court
has also gone through the affidavit-in-reply filed by the
opponent. Prima facie , it is a stand taken by the opponent
before this Court that due to illness of his mother, he is
required to look after her and for such reason, he cannot
attend the proceeding if transferred to Family Court,
Surat from Family Court, Amreli. It further appears that a
copy of one ration card shows that the applicant resides
at Amreli is also produced along with the reply.
3.4. Mr. Soliya, learned advocate for the applicant, would
submit that so far as the copy of ration card is concerned,
it was prior to the marriage and an old one, otherwise,
the applicant is actually residing at Surat. The opponent –
husband has instituted an application under the
Guardians and Wards Act, 1890 against the applicant
before the Family Court, Surat, would itself suggest that
the applicant is residing at Surat.
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3.5. Making the above submissions, Mr. Soliya, learned
advocate for the applicant, would request this Court to
allow the application.
4. Having heard Mr. Soliya, learned advocate for the
applicant at length and upon perusal of the pleadings of
the parties and taking into account the submissions
advanced by learned advocate for the applicant, prima
facie , it appears that the applicant along with her minor
son is residing at Surat, whereas the opponent has
instituted a family suit against the applicant at Family
Court, Amreli. One cannot dispute the fact that the
distance between Surat to Amreli is around 500 kms one
way. Apart from the aforesaid facts, it further appears
that despite an order of maintenance granted by the
competent Court against the opponent, he failed to pay
the maintenance and for which the applicant is
constrained to approach the Court concerned for its
recovery.
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4.1. Moreover, the opponent himself has instituted a
proceeding under Guardians and Wards Act, 1890 before
Family Court, Surat and he is required to attend such
proceeding. In such circumstances, there would not be
any inconvenience and hardship caused to the opponent if
his suit will be transferred to Family Court, Surat. Rather,
both the proceedings can be heard and decided by one
family Court. The opponent can always avail video-
conference to such proceeding and attend the proceeding
before the Family Court, Surat, thereby he can also take
care of his ill mother.
5. 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) Sumita 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.
6. The Family Suit No.134 of 2025 pending before
Family Court at Amreli is hereby transferred to the Family
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Court at Surat. Once the Family Court, Amreli transfers
the aforesaid suit, the Principal Judge, Family Court,
Surat may see to it that the transferred suit shall be
heard along with other proceedings by the same Family
Court.
7. It is also open for the opponent to request the
concerned Family Court to allow him to join the
proceedings through video conferencing / online mode
and if such a request is made by the opponent, the Family
Court may consider the same unless the physical
presence of the opponent is required to attend the
proceedings at a particular stage of proceedings.
8. In view of the foregoing observations and reasons,
the present application is allowed.
(MAULIK J.SHELAT,J)
SHAHANAZ
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