Gujarat High Court
Paritaben W/O Sandipbhai Makwana D/O ... vs Sandeep Kamleshbhai Makwana on 10 February, 2025
NEUTRAL CITATION
C/MCA/1838/2024 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1838 of 2024
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PARITABEN W/O SANDIPBHAI MAKWANA D/O RAMESHBHAI
LAKAMANBHAI BHEDA
Versus
SANDEEP KAMLESHBHAI MAKWANA
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Appearance:
MR CHINTAN M ADESHARA(12794) for the Applicant(s) No. 1
MR RAJESH B JOSHI(6250) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 10/02/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr. Vatsal D. Ruparel waives service of notice of rule on behalf of the opponent.
2. Heard learned advocate Mr. Rajesh B. Joshi with learned advocate Mr. Chintan Adeshra for the applicant and learned advocate Mr. Vatsal D. Ruparel for the opponent.
3. The present application is filed under Section 24 of the CPC by the wife of the opponent, who has preferred Family Suit No. 67 of 2024 before the Family Court, Jamnagar under Section 13 of the Hindu Marriage Act.
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4. It is the case of the applicant that at present the applicant is residing at her parental house along with minor daughter and no source of income to attend the proceedings which is instituted by the opponent at Jamnagar and there is lot of inconvenience cause to the applicant to attend the such proceedings even though she has difficult to attend the proceedings at Jamnagar but just to avoid any hardship, without prejudice to her rights she has filed her written statement in the aforesaid suit.
4.1 It is further stated by the applicant that the opponent- husband is not regularly paying the maintenance amount to the applicant and her daughter though vide judgment and order dated 03.10.2023 passed by the Family Court, Bhavnagar in CR.M.A. 158 of 2022 filed under Section 125 of Cr.P.C., thereby order to pay monthly maintenance of Rs. 4,000/- to the applicant and Rs. 2,000/- to the minor daughter.
4.2 It appears that the applicant filed additional affidavit contending inter-alia that due to irregular payment of maintenance amount by the opponent, she has forced to file recovery application being Misc. Criminal Application No. 459 of 2024 which is pending before the Family Court, Bhavnagar and recently also in the year 2025 also another recovery Page 2 of 5 Uploaded by SALIM(HC01108) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:15:42 IST 2025 NEUTRAL CITATION C/MCA/1838/2024 ORDER DATED: 10/02/2025 undefined application is filed before the same Court.
4.3 In the light of the aforesaid facts and circumstances of the case, the applicant- wife has sought transfer of the aforesaid from Family Court, Jamngar to Family Court, Bhavnagar.
5. Learned advocate Mr. Rajesh B. Joshi with learned advocate Mr. Chintan Adeshra for the applicant would submit that considering the aforesaid facts and circumstances of the case and considering the inconvenience and hardship caused to the applicant - wife to attend the proceedings at Family Court, Jamnagar, in the interest of justice, the Family Suit in question may be transferred from Family Court, Jamnagar to Family Court, Bhavnagar.
5.1 In support of his submission learned advocate for the applicant would rely upon the judgment of the Hon'ble Supreme Court in the case of 'Rajani Kishore Pardeshi Vs. Kishor Babulal Pardeshi' reported in (2005) 12 SCC 237.
6. Per contra, learned advocate Mr. Vatsal D. Ruparel for the respondent has vehemently objected the present application contending inter-alia that the Family Suit filed by the opponent- husband is an advance stage of recording the Page 3 of 5 Uploaded by SALIM(HC01108) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:15:42 IST 2025 NEUTRAL CITATION C/MCA/1838/2024 ORDER DATED: 10/02/2025 undefined evidence of the plaintiff and wherein also an interim application has been preferred by the applicant-wife under Section 24 of the Hindu Marriage Act, then this Court may not grant prayer in favour of the applicant. He would further submit that the opponent is always and willing to pay the maintenance amount which he has paid in past but due to some unforeseen reason for some time, he could not make payment in time but it would not be counter productive for the opponent thereby the proceedings which has been instituted by him to be transferred to Family Court, Bhavnagar. He further states that as per his information nothing has been pending before the Family Court, Bhavnagar as contended by the applicant in her application.
7. After hearing the parties at length, the averments which are made in the present application and the additional affidavit filed by the applicant on 17.09.2024 filed in this Court on 20.09.2024 are remain uncontroverted by the opponent. It is also undisputed that the distance between Jamnagar to Bhavangar is about 260 km one go. As per the averment made in the application and additional affidavit, it appears that the opponent is not regularly paying maintenance amount to the applicant and her minor daughter, which is only source of their livelihood.
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8. Keeping all these factors into account and considering the peculiar facts and circumstances of the present case, I am of the view that the present application deserves to be allowed in terms of Para 7(A).
9. Consequently, the present petition is allowed as aforesaid. Rule is made absolute to the aforesaid extent. No order as to costs.
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