Case Note & Summary
The applicant, Hetalben, filed a Miscellaneous Civil Application under the Gujarat High Court's jurisdiction seeking transfer of Family Suit No.15 of 2025 pending before the learned Family Court, Kheda to the learned Family Court, Ahmedabad. The respondent, Tusharkumar Bharatbhai Rana, through his advocate, submitted no objection to the transfer. The Court, after hearing both sides, allowed the application, disposed of it, and made the rule absolute. The Court clarified that it had not expressed any opinion on the merits of the underlying suit and directed the transferee court to decide the controversy on its merits and in accordance with law.
Headnote
A) Family Law - Transfer of Suit - Consent of Parties - The applicant sought transfer of Family Suit No.15 of 2025 from Family Court, Kheda to Family Court, Ahmedabad. The respondent had no objection to the transfer. The Court allowed the transfer on consent, without expressing any opinion on merits, and directed the transferee court to decide the matter in accordance with law. (Paras 2-5)
Issue of Consideration
Whether the Family Suit No.15 of 2025 pending before the Family Court, Kheda should be transferred to the Family Court, Ahmedabad.
Final Decision
The application is allowed. Family Suit No.15 of 2025 pending before the learned Family Court, Kheda is ordered to be transferred to the learned Family Court, Ahmedabad. Rule is made absolute. No order as to costs.
Law Points
- Transfer of family suit
- consent of parties
- no objection
- expeditious disposal
Case Details
2026 LawText (GUJ) (03) 1036
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2623 of 2025
Avanika M. Panchal, Vaibhav A. Vyas for applicant; Darshan P. Acharya for respondent
Hetalben D/o Bhupendrabhai Bin Ramanlal Rana W/o Tushar Bharatbhai Rana
Tusharkumar Bharatbhai Rana
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Nature of Litigation
Miscellaneous Civil Application for transfer of a family suit from one family court to another.
Remedy Sought
Transfer of Family Suit No.15 of 2025 from Family Court, Kheda to Family Court, Ahmedabad.
Filing Reason
Applicant sought transfer of the suit, likely for convenience or other reasons.
Issues
Whether the Family Suit should be transferred on consent of parties.
Submissions/Arguments
Applicant's advocate argued for transfer; respondent's advocate submitted no objection.
Ratio Decidendi
A suit may be transferred from one court to another when the opposite party has no objection to the transfer, and the court finds it appropriate to do so, without expressing any opinion on the merits of the case.
Judgment Excerpts
learned advocate for the respondent has, upon instructions, submitted that opponent has no objection if the Family Suit No.15 of 2025 pending before the learned Family Court, Kheda is transferred to the learned Family Court, Ahmedabad.
It is made clear that this Court has not expressed anything on merits of the matter.
Procedural History
The applicant filed MCA No.2623 of 2025 seeking transfer of Family Suit No.15 of 2025 from Family Court, Kheda to Family Court, Ahmedabad. The matter was heard on 27/03/2026, and the respondent had no objection. The Court allowed the application on the same day.
