MCA/1782/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1782 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= GEETABEN W/O DINESHBHAI DEVSHIBHAI DASA - Applicant(s) Versus DINESHBHAI DEVSHIBHAI DASA - Opponent(s) ========================================================= Appearance : MR ASHISH M DAGLI for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/08/2008 ORAL JUDGMENT 1. Present application is filed by the applicant wife Geetaben w/o Dineshbhai Devshibhai Dasa under Section 24 of the Code of Civil Procedure to transfer the Miscellaneous Civil Application No. 18 of 2008 from the Court of learned Principal District Judge, Navsari to the Court at Porbandar. 2. One pursis / application submitted by the respondent-husband Dineshbhai Devshibhai Dasa dated 29.7.2008 is placed on record, by which the MCA/1782/2008 2/3 JUDGMENT respondent -husband has submitted that without admitting the contents of the present application and without prejudice to his claims and contentions etc. he has no objection if the relief which is asked for in para 6(B) is allowed and accordingly Misc. Civil Application No. 1782 of 2008 is transferred from the Court at Navsari to Porbandar. 3. Considering the above and even on merits and considering the fact that the applicant is residing at Porbandar and the proceedings are initiated by the respondent-husband at Navsari and looking to the distance between Porbandar to Navsari and even considering Section 9 of the Guardians & Wards Act, 1890, it will be appropriate to transfer the proceedings of Miscellaneous Civil Application No. 18 of 2008 pending in the Court of learned Principal District Judge, Navsari to the learned Principal District Judge, Porbandar. 4. Under these circumstances, the present application is allowed. The Miscellaneous Civil Application No. 18 of 2008 pending in the Court of MCA/1782/2008 3/3 JUDGMENT learned Principal District Judge, Navsari is hereby ordered to be transferred to the Court of learned Principal District Judge, Porbandar. Rule is made absolute,there shall be no order as to costs. (M.R. SHAH, J) Kaushik