NEUTRAL CITATION
C/MCA/56/2022 ORDER DATED: 22/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 56 of 2022
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KRUPA W/O TEJASBHAI KOTAK D/O KISHORBHAI BAGDAI
Versus
TEJAS VRUJLAL KOTAK
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Appearance:
MR KRUNAL L SHAHI(6519) for the Applicant(s) No. 1
RULE SERVED for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 22/08/2023
ORAL ORDER
1. In this petition filed under section 24 of the Code of Civil Procedure, 1908, the petitioner has prayed to transfer Family Suit No.99 of 2021 pending before the learned Family Court, Junagadh to learned Family Court, Rajkot inter alia on the ground of convenience.
2. The applicant is wife of opponent whose marriage was solemnized on 02/02/2017 at Rajkot as per Hindu rites and customs and out of the said wedlock, the applicant and opponent is having child aged two and half years viz., Harit and custody of the child is with the applicant. During the marriage span between the parties, some dispute and difference arose due to altercation. It is the case of the petitioner that after giving birth to a child, opponent and his parents thrown out the applicant from her matrimonial home and they dropped her to Rajkot at her parental home. Dispute has given rise to Page 1 of 4 Downloaded on : Sun Sep 17 02:04:40 IST 2023 NEUTRAL CITATION C/MCA/56/2022 ORDER DATED: 22/08/2023 undefined application filed under section 125 of Cr.P.C. for maintenance being Misc. Application No.992 of 2021 before the learned Family Court, Rajkot. This application came to be filed on 22.11.2021. Criminal complaint also came to be lodged before the concerned Mahila Police Station, Rajkot for amicable settlement in matrimonial cases.
3. In background of above facts, the respondent has filed Family Suit No.99 of 2021 under section 13 of the Hindu Marriage Act, 1955 for dissolution of their marriage before the learned Family Court, Junagadh.
4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer Family suit No.99 of 2021 from learned Family Court, Junagadh to learned Family Court, Rajkot inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Junagadh, as she has to travel 120-125 kms. from Junagadh to Rajkot along with her old aged mother and minor child aged about two and half years.
5. Heard learned advocate for the petitioner. Though served, none remain present for the other side. No objection has been raised by other side.
6. Pressing into service judgment in the case of Tejalben v/s. Mihirbhai Bharatbhai Kothari [AIR 2016 SC 718], it is sought to be submitted by learned advocate for the petitioner that the petitioner is lady living in Junagadh along her parents at parental home. She is keeping minor child aged two and half Page 2 of 4 Downloaded on : Sun Sep 17 02:04:40 IST 2023 NEUTRAL CITATION C/MCA/56/2022 ORDER DATED: 22/08/2023 undefined years with her. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Rajkot but Family Suit is pending at Family Court, Junagadh.
7. Learned advocate for the petitioner would submit that Junagadh is 125 kms apart from Rajkot. On every date, the petitioner has to come from Rajkot to Junagadh, which is quite inconvenience for the petitioner to attend the proceedings every time. Therefore, he would submit that the petitioner is urging to transfer Family Suit only on the ground of inconvenience she is facing. Learned advocate for the petitioner would further submit that in case Family Suit is transferred from Family Court, Junagadh to Family Court, Rajkot, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.
8. In the case of Sumita Singh v/s. Kumar Sanjay [AIR 2002 SC 396], the Apex Court has observed that wife's inconveniency must be given due importance while deciding transfer petition. It is to be noted that power under section 24 of the CPC is discretionary power. The Court may or may not exercise discretion. However, when such discretion is to be exercised it must be guided by settled principle of law. To be noted that the petitioner has sought relief only on the ground of inconvenience. Fairness of judicial proceedings is not questioned. No allegations of bias in the proceedings is levelled against Judicial Officers. Thus convenience as stated earlier must be considered more particularly in background of the fact that travelling from Rajkot Page 3 of 4 Downloaded on : Sun Sep 17 02:04:40 IST 2023 NEUTRAL CITATION C/MCA/56/2022 ORDER DATED: 22/08/2023 undefined to Junagadh is quite difficult as both cities apart 125 kms. It is difficult for the lady to attend proceedings at Family Court, Junagadh. One may also keep in mind that child of petitioner is minor. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.
9. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration. Accordingly, the petition is allowed. Family Suit No.99 of 2021 pending before the learned Family Court, Junagadh is hereby transferred to learned Family Court, Rajkot for disposal in accordance with law.
Direct service is permitted.
(J. C. DOSHI,J) sompura Page 4 of 4 Downloaded on : Sun Sep 17 02:04:40 IST 2023