Gujarat High Court
Hansuben @ Hansaben Prabhubhai ... vs Ashvinbhai Premjibhai Naiya on 28 January, 2021
Bench: Ashokkumar C. Joshi
C/MCA/1194/2019 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1194 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
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Whether Reporters of Local Papers may be allowed
1 NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
Whether their Lordships wish to see the fair copy
3 NO
of the judgment ?
Whether this case involves a substantial question
4 of law as to the interpretation of the Constitution NO
of India or any order made thereunder ?
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HANSUBEN @ HANSABEN PRABHUBHAI GURJAR
Versus
ASHVINBHAI PREMJIBHAI NAIYA
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS RAKSHA S DIKSHIT(5568) for the Applicant(s) No. 1
MR. AMIT R TIWARI(9947) for the Opponent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 28/01/2021
ORAL JUDGMENT
1. The Court is convened through video conference.
2. Rule. Learned advocate Mr. Amit Tiwari for the respondent
waives service.
C/MCA/1194/2019 JUDGMENT
3. At the request of learned advocates for the parties, the
matter is taken up for final hearing today.
4. Present application under section 24 of the Civil Procedure
Code, 1908 (CPC) is filed by the applicant - wife seeking transfer
of Family Suit No. 185 of 2019, filed by the respondent - husband
under the provisions of section 13 of the Hindu Marriage Act,
1955 before the Family Court, Bhavnagar, to the Family Court at
Ahmedabad.
5. It is the case of the applicant that the marriage of the
applicant and the respondent was solemnized on 21.05.2009 as
per Hindu rites and rituals. Out of the wedlock, they have one
son, presently studying in 8th standard. It is alleged that, after
few months of the marriage, disputes started to arise between
them, which eventually led the applicant to leave her matrimonial
home together with her minor son and presently, the applicant is
residing at her parental home with her child.
6. Heard, learned advocate Ms. Raksha S. Dixit for the
applicant - wife. She submitted that the respondent - husband
has filed the above-referred suit before the Family Court at
Bhavnagar, whereas, the applicant - wife is residing at
Ahmedabad at her parental home. It is submitted that the
distance between Ahmedabad and Bhavnagar is very long i.e.
about 200 kms. and in the circumstance, it would be very difficult
for the applicant - wife to travel to Bhavnagar for attending the
Court proceedings with her minor child. Furthermore, for
attending the Court proceedings at Bhavnagar, the applicant
would require a companion. Besides, in view of the distance
between the two places, the applicant will have to incur expenses
towards lodging and boarding also. The learned advocate for the
C/MCA/1194/2019 JUDGMENT
applicant further submitted that, as against this, if the suit is
transferred to Ahmedabad, in that case, the respondent will not
have to suffer much difficulties as compared to the present
applicant and there would be no question of comparative
hardship. Making above submissions, it is requested that present
application may be allowed as requested for.
7. Per contra, learned advocate Mr. Amit Tiwari for the
respondent - husband, while heavily opposing the present
application, submitted that the applicant is a working woman, a
teacher and hence, merely because, she is having a minor child
with her, is not a good ground for transferring the case as
requested for. Further, the distance is not so far that the
applicant could not travel. Accordingly, it is urged that this
application may not be entertained and requested to reject the
same.
8. Regard being had to the submissions advanced by the
learned advocates for the respective parties, it appears that the
applicant has prayed to transfer the above-referred family suit
from Family Court, Bhavnagar to the Family Court at Ahmedabad.
Looking to the distance between the two places i.e. approx 200
kms., it appears to be difficult for the applicant to travel such a
distance. Further, the applicant has a minor child and will have
to travel this long distance with him. As against this, if the
matter is transferred as requested for, the respondent - husband
may not have to undergo such hardships as compared to the
applicant. It may be that the applicant is a working woman (a
teacher), however, it is also a fact that for attending the
proceedings at Bhavnagar along with her minor child, the
applicant will have to incur expenses. Thus, considering the
totality of the circumstances, this Court is of the considered
C/MCA/1194/2019 JUDGMENT
opinion that the matter requires favourable consideration,
moresowhen, the exercise of discretion under section 24 of the
CPC is commonplace, where, the grounds are genuine and
convincing.
8.1 This Court has assistance of decision rendered in the case of
Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in
2002 (2) GLR 1685. This Court has also referred to a decision
in the case of Jayshreeba Jayendrasinh Raulji Vs.
Jayendrasinh ganpatsinh Raulji, rendered in MCA No. 431 of
2019.
9. In the backdrop as aforesaid, present application succeeds
and is allowed accordingly. The Family Suit No. 185 of 2019,
pending before the Family Court at Bhavnagar, is directed to be
transferred to the Family Court at Ahmedabad. Upon transfer,
the Family Court, Ahmedabad shall inform the parties and
proceed with the matter in accordance with law.
9.1 Rule is made absolute accordingly with no orders as to
costs. Direct service is permitted through fax / e-mail / any other
electronic mode.
[ A. C. Joshi, J. ]
hiren
