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High Court of Gujarat

DAKSHABEN NARANBHAI VAGHELAversusNILESH SOMABHAI SONARA

Decided
Disposal
36-MCA DISPOSED OF

Holding

The Court disposed of the transfer application because the applicant did not press it.

Summary

The applicant, Dakshaben Naranbhai Vaghela, filed a miscellaneous civil application for transfer before the Gujarat High Court. The applicant's counsel, Mr. Nimesh M. Patel, indicated that the applicant does not wish to press the application at this stage. The Court noted the lack of pressing and consequently disposed of the application. The Judge directed that the applicant may approach the concerned Family Court with a request to participate in proceedings via video conferencing or online mode. The Family Court is advised not to insist on physical presence unless deemed necessary. No substantive merits of the transfer request were examined due to the applicant's decision not to pursue the matter.

Issues considered

  • What is the appropriate procedural step when an applicant chooses not to press a pending application for transfer?

Subjects

  • transfer of suit
  • family court
  • video conferencing
  • procedural disposal
  • application not pressed

Judgment

          C/MCA/3121/2025                                                            ORDER DATED: 05/01/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 3121 of 2025

  ==========================================================
                                DAKSHABEN NARANBHAI VAGHELA
                                            Versus
                                   NILESH SOMABHAI SONARA
  ==========================================================
  Appearance:
  MR NIMESH M PATEL(6780) for the Applicant(s) No. 1
  ==========================================================

      CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                                 Date : 05/01/2026

                                                   ORAL ORDER


             Learned advocate Mr. Nimesh Patel for the applicant does not
  press the present application at this stage. Present application is
  disposed of accordingly as not pressed.


             However, it is open for the applicant herein to request the
  concerned Family Court by way of an appropriate application for
  participating in the proceedings through video conferencing /
  online mode and if any such application is made by the applicant
  herein, the Family Court may consider the same in accordance with
  law. The Court concerned may not insist physical presence of the
  applicant unless it is so expedient to do so.



                                                                                         (NIRAL R. MEHTA,J)
  CHANDRESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 10:52:14




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