VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Harsh V. Gajjar, the learned advocate appearing for the applicant and Mr. J.P. Thakkar, the learned advocate appearing for the respondent.

2. By way of present application, the writapplicant herein has prayed for transfer of Family Suit No.971 of 2021 with all consequential proceedings thereto, from the learned Family Court, Vadodara to learned Family Court, Ahmedabad.

3. The applicant herein is an unemployed person and she has to face severe hardship and inconvenience for attending the proceedings pending before the Family Court at Vadodara and the same is also financially not affordable to the applicant herein.

4. Mr. Harsh V. Gajjar, the learned advocate appearing for the applicant herein submitted that in case of matrimonial proceedings, the Hon'ble Supreme Court of India has held that the proceedings ought to be held where the wife resides. The aforesaid is also permissible under Section 19(2) of the Hindu Marriage Act. For the foregoing reasons, Mr. Harsh V. Gajjar, the learned advocate appearing for the applicant submitted that the prayer as prayed for in the present application be granted.

5. Mr. J.P. Thakkar, the learned advocate appearing for the respondent was not in a position to contradict the submissions advanced by Mr. Harsh V. Gajjar, the learned advocate appearing for the applicant.

6. Mr. Harsh V. Gajjar, the learned advocate appearing for the applicant has placed on record the medical papers and placing reliance on the same submitted that the applicant is not keeping in good mental health.

7. Considering the averments made by learned advocates appearing for the respective parties and considering the ratio as laid down by the Hon'ble Supreme Court in the case of Smita Singh Versus Kumar Sanjay reported in AIR 2002 SC 396 [LQ/SC/2001/563] , this Court deems it fit to accept the submissions advanced by the learned advocate appearing for the applicant and transfer the proceedings pending before the Family Court, Vadodara to Family Court, Ahmedabad i.e. Family Suit No.971 of 2021 with all consequential proceedings.

8. For the foregoing reasons, the present writapplication is allowed exercising extraordinary jurisdiction under Article 227 of the Constitution of India. Needless to say the concerned Court shall expedite the hearing of the suit preferably within a period of one year and the parties are directed to co-operate.

9. The present writ-application stands allowed.