Gujarat High Court
Darshana W/O Ravikant Kheradiya D/O ... vs Ravikant Rameshbhai Kheradiya on 20 February, 2025
NEUTRAL CITATION
C/MCA/499/2025 JUDGMENT DATED: 20/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 499 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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DARSHANA W/O RAVIKANT KHERADIYA D/O POPATJI RAOL
Versus
RAVIKANT RAMESHBHAI KHERADIYA
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Appearance:
MR VICKYKUMAR B PARMAR(13411) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 20/02/2025
ORAL JUDGMENT
1. Heard learned advocate Mr.Vickykumar B. Parmar for the applicant.
2. The present application is filed under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") by the wife of the opponent seeking transfer of Family Suit No.260 of 2024, filed by the opponent at Family Court Surat, to Family Court Gandhinagar.
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NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined
3. Learned advocate Mr. Parmar submits that the opponent has filed a Hindu Marriage petition - Family Suit No. 260 of 2024 against the applicant in Family Court, Surat, seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act, 1955"). 3.1 Learned advocate Mr. Parmar would submit that the applicant is residing with her parents at Gandhinagar and serving as an Accountant with the Director of Pension and Provident Fund at Gandhinagar.
3.2 Learned advocate Mr. Parmar would submit that the distance between Gandhinagar to Surat is about 288 kilometers.
3.3 Learned advocate Mr. Parmar would submit that considering the vocation of the applicant and the distance between Gandhinagar and Surat, it would be inconvenient for the applicant to attend the proceedings at Family Court, Surat. 3.4 Learned advocate Mr. Parmar would further submit that the comparative hardship to the opponent would be much Page 2 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined less compared to the hardship of the applicant if the proceeding initiated by him at Family Court, Surat is transferred to Family Court Gandhinagar. 3.5 Learned advocate Mr. Parmar would submit that in past, the applicant was threatened by the opponent and her in- laws. There is also a risk to her well-being if she visits Surat. 3.6 Making the above submission, learned advocate Mr. Parmar would request this court to accept the request of the applicant, thereby transferring Family Suit No. 260 of 2024 from Family Court, Surat to Family Court, Gandhinagar.
4. No other further submissions are made.
5. Heard learned advocate Mr. Parmar at length and gone through the documents annexed with the application.
6. It appears that the marriage of the applicant with the opponent was solemnized on 14/12/2013, and they were blessed with a boy, namely Veer, on 11/7/2015, who is aged about nine years as of date. The applicant is alleged to have left her matrimonial home due to disharmony between the Page 3 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined couple and has been residing separately from the opponent since January, 2020. It further appears that the minor son of the applicant is residing with the opponent since his birth. It also appears that the applicant has filed one criminal complaint before Surat police on 27th February, 2020, but nothing further has been either stated by the applicant or brought before this court regarding the outcome of that complaint.
7. The record suggests that prior to the filing of Family Suit No.260 of 2024, the opponent husband had filed Family Suit No. 224 of 2022 before Family Court Surat against the applicant under Section 9 of the Hindu Marriage Act, 1955 which got decreed against the applicant on 23rd November, 2023. As the applicant had not complied with the aforesaid decree passed by the competent court under Section 9 of the Act, 1955, the opponent appears to have filed Family Suit No. 260 of 2024 under Section 13(1)(ia) of the Act, 1955.
8. The applicant appears to have entered her appearance in the aforesaid suit through her lawyer, and the case status Page 4 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined submitted by the applicant with her application suggests that it was at the stage of filing a written statement. Learned advocate Mr. Parmar states that as there were settlement talks going on, but till date, no written statement has been filed by the applicant.
9. Considering the aforesaid facts and circumstances of the case, I am of the view that, due to the following reasons, the prayer made in the application does not deserve consideration by this court:
9.1 The applicant is an literate lady working as an accountant in the office of the Director of Pension and Provident Fund Gandhinagar.
9.2 The applicant has the option to appear through video conferencing to attend the proceedings filed and pending before Family Court, Surat, for which she does not have to travel from Gandhinagar to Surat on every date. 9.3 The applicant, having engaged her lawyer, who was claimed to be availed through legal aid, can have her interests Page 5 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined well protected by her lawyer, who is engaged and appearing in the Family Court at Surat.
9.4 The applicant, having failed to honor the decree passed by Family Court, Surat in Family Suit No. 224 of 2022, thereby, granted a decree in favor of the opponent husband under Section 9 of the Hindu Marriage Act, 1955, thereby, after a lapse of a year, automatically gave rise to the opponent to claim divorce as per Section 13(1)(ia) of the Act 1955. 9.5 Prima facie, according to this court, considering the nature of the family suit under the aforesaid provision under which it was filed, there would not be long-drawn proceedings and evidence to be led by the respective parties except to prove the ingredients of the aforesaid section under which the family suit has been filed.
9.6 It is also required to be noted that the minor boy Veer, who is residing with the opponent and is aged about nine years as of date, has to be looked after by the opponent. 9.7 It appears that the opponent is not a government Page 6 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined servant like the applicant. Considering the fact that the minor boy, who is residing with the applicant, needs more care, attention and protection by the opponent, if the prayer made in the present application is accepted, it would be more inconvenient for the opponent to fulfill his obligations as a father toward his son.
9.8 Now, considering the advancement of technology and the facilities available at every Family Court setup in the state of Gujarat, parties to the proceedings can appear and contest such proceedings through video conferencing, for which their personal presence is not required on each and every adjournment. The concept of inconvenience, which is so projected by the applicant in her application concerning the distance, is ill-founded because of the advancement of technology and the facilities, which are provided by the Family Court to litigants.
10. Thus, in view of the aforesaid observations and reasons, I am of the view that no case is made out by the applicant to exercise my power under Section 24 of CPC to transfer Family Page 7 of 8 Uploaded by MOHD MONIS(HC01900) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:40:06 IST 2025 NEUTRAL CITATION C/MCA/499/2025 JUDGMENT DATED: 20/02/2025 undefined Suit No. 260 of 2024 from Family Court Surat to Family Court Gandhinagar, as prayed for. The present application lacks merit and deserves to be rejected and the same is hereby REJECTED.
No order as to cost.
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