Niyatiben W/O Anandkumar Patel ... vs Anandkumar Bharatbhai Patel
2021 Latest Caselaw 5275 Guj

       C/MCA/195/2020                                     JUDGMENT




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 195 of 2020


FOR APPROVAL AND SIGNATURE:


HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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1   Whether Reporters of Local Papers may be allowed                  No
    to see the judgment ?

2   To be referred to the Reporter or not ?                           No

3   Whether their Lordships wish to see the fair copy                 No
    of the judgment ?

4   Whether this case involves a substantial question                 No
    of law as to the interpretation of the Constitution
    of India or any order made thereunder ?

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    NIYATIBEN W/O ANANDKUMAR PATEL D/O KETANBHAI PATEL
                          Versus
               ANANDKUMAR BHARATBHAI PATEL
==========================================================
Appearance:
MR VIJAL P DESAI(5505) for the Applicant(s) No. 1
MS ISHITA V DESAI(5975) for the Applicant(s) No. 1
MR R G CHAUDHARY(6428) for the Opponent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                          Date : 27/04/2021

                          ORAL JUDGMENT

[1] Heard learned Advocate Mr. Vijal P. Desai for the

Applicant and learned Advocate Mr. R.G.Chaudhary for the

Opponent through video conference.

C/MCA/195/2020 JUDGMENT

[2] The present application under Section-24 of the Civil

Procedure Code,1908 (for short the Code) is filed by the

applicant-wife to transfer Family Suit No.2326 of 2019

pending with the Court of learned Principal Judge, Family

Court, Ahmedabad to Court of learned Additional Senior

Civil Judge & A.C.J.M., Kapadwanj.

[3] It is the case of the applicant that she has got

married with the respondent on 2.2.2013 as per Hindu

rights and customs, during short time of married quarrel

started with the present respondent and the Respondent

has filed Family Suit No.2326 of 2019 under Section 9 of

the Hindu Marriage Act before the learned Judge, Family

Court, Ahmedabad. It is the case of the Applicant that

she has filed Cr.Misc. Application No. 218 of 2019 under

the Domestic Violence Act and has also filed Criminal

Misc. Application No. 219 of 2019 under Sec. 125 of the

Code of Criminal Procedure along with interim maintenance

before the learned Additional Civil Judge at Kapadwang.

The Applicant has also filed H.M.P. No. 37 of 2019 under

Section 13 of the Hindu Marriage Act for Divorce before

the learned Additional Senior Civil Judge & A.C.J.M.

Kapadwanj. All the aforesaid proceedings are pending.

          C/MCA/195/2020                                              JUDGMENT



[4]     Learned Advocate for the Applicnt has submitted that

renewal of registration for dental practice is old and

now the Applicant is not practicing. Further, if the two

courts have concurrent decisions, there were chances of

difference in opinion. Further, it is difficult to

travel from Kapadwanj to Ahmedabad for the Applicant and

the hardship may cause to the Applicant wife. Learned

advocate for the applicant submitted that the applicant

is a poor lady staying separately at Kapadwanj, District

Kheda, which is approximately 65 kms. away from

Ahmedabad. He has further submitted that the proceedings

which are pending before the Court of the learned Family

Court, Ahmedabad, being Family Suit No.2326 of 2019, be

transferred to the Court of learned Additional Senior

Civil Judge & A.C.J.M., Kapadwang. He has further

submitted that the husband is doing business and also

earning in lakhs per month. The Respondent is having

sufficient source of income and is not having any other

liability and therefore considering the comparative

hardship faced by the Applicant, discretion may kindly be

exercised.

[5] Per contra, learned Advocate for the Opponent has

heavily opposed the Application and submitted taht in the

present case, certificate of dental practice is renewed

C/MCA/195/2020 JUDGMENT

and the distance between Ahmedabad and Kapadwanj is

hardly 65 kmts. and both the competent courts can pass

independent orders and therefore there is no requirement

to transfer the matter and the Application may be

dismissed.

[6] Considering submissions made by the learned

advocates for the respective parties, it appears that it

would be difficult for the applicant to travel about 65

kms from Kapadwang to Ahmedabad. Further as such there is

no latest certificate which indicates taht the Applicant

is earning from her dental practice. Further, since the

applicant is a housewife and to travel 65 kms, causing

comparitive hardships. This Court has also relied upon

the decisions rendered in the case of Minesh Rajnikant

Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR

1685 and also referred to the decision in the case of

Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh

ganpatsinh Raulji in MCA no. 431 of 2019. Therefore, this

is a fit case to exercise discretion under section 24 of

CPC for transferring the matter from Ahmedabad to

Kapadwang. The application is allowed. The Family Suit

No.2326/2019, pending before the Learned Judge, Family

Court, Ahmedabad is ordered to be transferred to the

Court of learned Additional Senior Civil Judge &

C/MCA/195/2020 JUDGMENT

A.C.J.M., Kapadwanj. Rule is made absolute. No orders as

to cost. Direct service is permitted through fax/e-mail/

any other electronic mode.

(A. C. JOSHI,J) J.N.W