High Court of Gujarat

MEENABEN D/O PURSHOTTAMBHAI GANDABHAIversusMEHULBHAI BHARATBHAI CHAVDA

Disposal: DISPOSED AS INFRUCTUOUS
Bench: DEVAN M DESAI

Holding

The petition for transfer is disposed of as infructuous because the underlying family suit has been withdrawn.

Summary

Meenaben filed a miscellaneous civil application for transfer of a family suit (No.18 of 2024) pending before the Family Court, Botad. The applicant's counsel submitted a xerox copy of the order dated 23.02.2026 showing that the respondent-husband had withdrawn the family suit before the lower court. The applicant argued that, in view of the withdrawal, the transfer petition no longer had any purpose. The Court considered the submission and noted that the underlying suit was withdrawn, rendering the transfer petition infructuous. Consequently, the Court disposed of the petition as it had become moot.

Issues considered

Whether a petition for transfer of a family suit remains maintainable after the underlying suit has been withdrawn?

Subjects

Family LawTransfer PetitionWithdrawal of SuitInfructuous PetitionDisposal of Application

Judgment

             C/MCA/503/2026                                                 ORDER DATED: 26/02/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 503 of 2026
      ================================================================
                      MEENABEN D/O PURSHOTTAMBHAI GANDABHAI
                                      Versus
                           MEHULBHAI BHARATBHAI CHAVDA
      ================================================================
      Appearance:
      MS DHRUMA U VYAS(6850) for the Applicant(s) No. 1
      ================================================================
        CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                             Date : 26/02/2026
                                              ORAL ORDER


      1.       Heard learned advocate Ms. Dhruma U. Vyas for the

      applicant. Learned advocate has placed the xerox copy of the

      order dated 23.02.2026 passed by learned Family Court, Botad

      in Family Suit No.18 of 2024, which is taken on record.

      2.       Learned advocate for the applicant has submitted that the

      respondent-husband has withdrawn the Family Suit No.18 of

      2024 before the Court below and therefore, the present petition

      does not survive and the same may be disposed of.

      3.       Considering the submissions of learned advocate for the

      applicant, the present petition stands disposed of as it has

      become infructuous.

                                                                                  (D. M. DESAI,J)
      RINKU MALI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RINKU MALI(HC01574), PRIVATE SECRETARY, at High Court of Gujarat on 26/02/2026 15:09:22
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