MCA/2027/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 2027 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = MANISHABEN HARSHADKUMAR PARMARD/O ISHWARBHAI SOLANKI & 1 Versus HARSHADKUMAR AMBALAL PARMAR ========================================= = Appearance : MR NIKHIL S KARIEL for Applicants UNSERVED-REFUSED (N) for Respondent ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 14/08/2008 ORAL JUDGMENT MCA/2027/2008 2/3 JUDGMENT 1. Heard Mr.Nikhil S. Kariel for the applicants and Mr.Gaurav Mehta, learned advocate for the respondent. 2. Mr.Gaurav Mehta, learned advocate for the respondent has submitted that Vakalatnama will be filed of the respondent within a period of ten days from today and the same is in transit. 3. By way of present application under Section 24 of the Civil Procedure Code, the applicants have prayed for an appropriate order to transfer Civil Misc. Application No.112/2007 pending before the learned Presiding Officer, Fast Track Court, Gandhinagar to the learned Family Court, Ahmedabad. 4. Considering Section 9 of the Guardian and Wards Act, 1890 and considering the fact that the applicant No.2, herein is residing at Ahmedabad, the Gandhinagar Court as such would not such jurisdiction to entertain such application which is filed by the respondent being Civil Misc. Application No.112/2007 in the Court of Principal District Judge, Gandhinagar. 5. Considering the fact that the applicant No.2 whose custody is sought residing at Ahmedabad, only the Family Court, at Ahmedabad has jurisdiction to entertain such application. Considering the above, the present application is allowed. Civil Misc. Application No.112/2007 pending in the Court of learned Presiding Officer, Fast Track Court, Gandhinagar is ordered to be transferred to the learned Family Court, at Ahmedabad. MCA/2027/2008 3/3 JUDGMENT The said exercise be done by the learned Gandhinagar Court, immediately. Thereafter, it will be open for the respective parties to submit the application for expeditious hearing of the said application and considering the fact that the dispute is with respect to the custody of the minor, the same is decided as early as possible by the Family Court, at Ahmedabad. Rule is made absolute, accordingly. There shall be no order as to costs. [M. R. SHAH,J.] vijay