Gujarat High Court
Mehulbhai Kanubhai Vaghela vs Neeta W/O Mehul Kanubhai Vaghela D/O ... on 7 May, 2025
NEUTRAL CITATION
C/MCA/1267/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1267 of 2025
In R/MISC. CIVIL APPLICATION NO. 2639 of 2024
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MEHULBHAI KANUBHAI VAGHELA
Versus
NEETA W/O MEHUL KANUBHAI VAGHELA D/O JEEVANBHAI
HEERABHAI BATHWAR
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Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1
MR D S GADHVI(11310) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 07/05/2025
ORAL ORDER
1. The present application is filed by original opponent seeking review of the order passed by this Court on 21st February 2025 in Miscellaneous Civil Application (for Transfer) No.2639 of 2024.
2. Heard learned councel Mr.Bhunesh C. Rupera for the applicant and Mr.D.S.Gadhavi for the opponent.
3. The applicant herein happens to be the husband of the opponent, who has instituted Family Suit No.2088 of 2024 against the opponent before Family Court Ahmedabad, which Page 1 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025 NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined was transferred to Family Court Jamnagar by this Court vide its order dated 21st February 2025 allowing the transfer application of the opponent.
4. The applicant, having come to know the aforesaid order, filed this application seeking review of the aforesaid order on the ground that he was not duly served with the notice of this Court in the aforesaid transfer application. It was the complaint of the applicant that fixation of notice by bailiff on a conspicuous part of his house was not in accordance with law. So, according to the applicant, he was not duly served, thereby not given an opportunity to defend the transfer application, hence, the present application.
5. This Court has allowed learned advocate Mr. Rupera appearing for applicant - original opponent to address on merits of the matter whereby he has made following submissions.
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NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined 5.1 Learned counsel Mr. Rupera would submit that the applicant happens to be the husband of the opponent. He is ready to pay and bear the transportation allowance of the opponent to travel from Jamnagar to Ahmedabad for attending Family Suit instituted by the applicant against her. 5.2 Learned counsel Mr. Rupera would submit that the applicant is serving in a private job and it would cause more inconvenience to the applicant to attend the proceeding now transferred to Family Court Jamnagar instituted by him. 5.3 Learned counsel Mr. Rupera would submit that as such, due to fault on the part of the opponent, the applicant was constrained to file divorce proceedings against her, which is now ordered to be transferred to Family Court Jamnagar. 5.4 Lastly, learned counsel Mr. Rupera would submit that due to poor financial condition, the applicant could not clear the arrears of maintenance which was ordered against him by Family Court Jamnagar, but the same may not be a ground to Page 3 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025 NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined order transfer of his application from Family Court, Ahmedabad to Family Court Jamnagar.
6. Per contra, learned counsel Mr. D.S. Gadhavi appearing for the opponent - original applicant would submit that as such, the applicant was duly served with the notice of transfer application and having come to know about proceedings instituted by the opponent against the applicant before this Court, he could have easily appeared and participated in such proceedings but conveniently avoided the same till final outcome of such proceedings.
6.1 Learned counsel Mr. Gadhavi would further submit that there is no error as such apparent on the face of record committed by this Court whereby no interference is required in the order passed by this Court.
6.2 Learned counsel Mr. Gadhavi would submit that distance between Jamnagar to Ahmedabad is around 300 kilometers in one go, and applicant having failed to pay Page 4 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025 NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined maintenance amount and arrears which is amounting to more than Rs.1,00,000/-, it would cause great hardship and inconvenience to the opponent to attend the proceeding of Family Court Ahmedabad instituted by the applicant. 6.3 Learned counsel Mr. Gadhavi would submit that the applicant having failed to clear the arrears of maintenance and as such, he is not paying regular maintenance to opponent herein, it would not be out of place to mention that he would not pay travelling expenses to her.
6.4 Lastly, learned counsel Mr. Gadhavi would submit that maintenance proceedings and arrears of recovery proceedings are pending before Family Court Jamnagar against the applicant, wherein the applicant is required to attend such proceedings, there is no need to interfere with and/or review the order passed by this Court on 21st February 2025 whereby this Court has allowed the transfer application so filed by the opponent.
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NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined
7. Having heard the learned counsel appearing for the respective parties and after going through the order dated 21st February 2025 as well as documents which are submitted with the transfer application, it appears that the applicant was ordered to pay maintenance of Rs.5,000/- to the opponent - wife by Family Court Jamnagar vide its judgment and order dated 12.12.2022, but it appears that the applicant has failed to pay such amount whereby the opponent herein had been constrained to file an application under Section 125(3) of Criminal Procedure Code, 1973 before Family Court Jamnagar being Criminal Miscellaneous Application No.107 of 2024, wherein arrest warrant has been issued on 17th September, 2024.
8. Prima facie, the applicant is not paying regular maintenance to the opponent, thereby his say that he will pay transport allowance to the opponent for attending proceedings which have been filed before the Family Court Ahmedabad cannot be considered, as his conduct speaks otherwise. Page 6 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025
NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined
9. Furthermore, the distance between Ahmedabad to Jamnagar is around 300 kilometers in one go and absence of financial support not received by her since long from the applicant herein, it would cause great hardship and inconvenience to the opponent herein to attend the proceeding at Family Court Ahmedabad.
10. Lastly, so far as service of notice of transfer application is concerned, bailiff report clearly suggests that notice was affixed on conspicuous part of the house of applicant herein as it was found closed because applicant herein went out from his home and not available between 9:00 AM to 8:00 PM. As such, it is not the case of applicant that bailiff has not affixed the notice of transfer application on the conspicuous part of his house, it would be assumed that applicant was aware about such transfer proceeding instituted by the opponent before this Court.
11. Thus, in view of the aforesaid peculiar facts and circumstances of the case, the applicant has failed to show Page 7 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025 NEUTRAL CITATION C/MCA/1267/2025 ORDER DATED: 07/05/2025 undefined any apparent error on the face of record committed by this Court while allowing the aforesaid transfer application filed by the opponent herein. Even otherwise, there is no substance found in the submissions of applicant.
12. In view of the aforesaid, the present application is found meritless and required to be rejected, which is hereby REJECTED. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 8 of 8 Uploaded by MOHD MONIS(HC01900) on Wed May 14 2025 Downloaded on : Wed May 14 21:35:48 IST 2025