Hetal Niravkumar Gajjar D/O ... vs Nirav Jayantilal Gajjar
2021 Latest Caselaw 3669 Guj

       C/MCA/775/2020                                      JUDGMENT




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 775 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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    HETAL NIRAVKUMAR GAJJAR D/O RAMNIKBHAI GIRDHARBHAI
                         VANODIY
                          Versus
                 NIRAV JAYANTILAL GAJJAR
==========================================================
Appearance:
MR AB GATESHANIYA(3766) for the Applicant(s) No. 1
C B DHOLAKIA(7493) for the Opponent(s) No. 1
MR YOGESH G KANADE(3114) for the Opponent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                           Date : 02/03/2021

                           ORAL JUDGMENT

[1] Heard learned Advocate Mr. A.B.Gateshaniya for the

Applicant - Wife (Original Defendant) and learned

C/MCA/775/2020 JUDGMENT

Advocate Mr. Yogesh G. Kanade for the Opponent - Husband

(Original Plaintiff) through video conference.

[2] RULE. Learned advocate Mr. Yogesh G. Kanade waives

service of Rule on behalf of the Opponent - Husband.

[3] The present Application under Section-24 of the Civil

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

Applicant - Wife to transfer the HMP No. 343 of 2020,

pending with the Family Court, Ahmedabad to the Family

Court, Surendranagar.

[4] It is the case of the Applicant - Wife that she has

got married with the respondent on 7.02.2013 as per Hindu

rights and customs, during short time of married quarrel

started with the present respondent and the Opponent -

Husband has filed HMP No.343 of 2020 before the Family

Court at Ahmedabad. It is the case of the Applicant -

Wife that she has filed Cr. Misc. Application before the

learned Principal Judge, Family Court, Surendranagar

under Sec. 125 of Cr.PC along with interim maintenance,

however, no order has passed in that application.

[5]   Learned          Advocate    for    the         Applicant     -    Wife       has

submitted    that       the    applicant         is    a   poor    lady       and      a






        C/MCA/775/2020                                                    JUDGMENT



housewife      and        staying         at        Surendranagar,             which        is

approximately           125    kms.       away         from   Ahmedabad.           He      has

further submitted that the proceedings, which are pending

before the Family Court at Ahmedabad being Hindu Marriage

Petition No.343 of 2020, be transferred to the Family

Court at Surendranagar.

[6] Per contra learned advocate Mr.Yogesh Kanade for the

Opponent - Husband has argued that in the present case

Applicant has approached with false information since the

notice is served at Ujala i.e. Ahmedabad District and

learned advocate Mr.A.B. Gateshaniya has responded that

notice is not served at the address mentioned by the

learned advocate for respondent.

[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 125 kms from

Surendranagar to Ahmedbad and the applicant is a poor

lady and house wife. The husband is having a car and

therefore, prima facie he is well to do so far as

financial aspect is concerned and therefore there is

comparative hardship to the Applicant - wife. The

distance from Surendranagar to Ahmedabad is also 125

kmts. and therefore also it is difficult to travel for

C/MCA/775/2020 JUDGMENT

the Applicant - Wife from Surendranagar to Ahmedabad.

[7] This Court has also relied upon the decisions

rendered in case of Minesh Rajnikant Dalal v/s. Avani

Minesh Dalal, reported in 2002 (2) GLR 1685 and has also

referred to the decision in the case of Jayshreeba

Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in

MCA no. 431 of 2019.

[8] The submission made by learned Advocate for the

Opponent - Husband that the Applicant - Wife has

approached this Court with false information since the

notice is served at Ujala i.e. Ahmedbaad District and

learned Advocate for the Applicant - Wife has submitted

that the notice is not served at the address mentioned by

the learned Advocate for the Opponent - Husband; at this

juncture, such aspect cannot be considered and only the

comparative hardship is required to be considered.

Therefore this is a fit case to exercise discretion under

section 24 of CPC for transferring the matter from

Ahmedabad to Surendranagar. The Application is allowed.

The HMP No.343/2020, pending before the Family Court at

Ahmedabad is ordered to be transferred to the Family

Court at Surendranagar. Rule is made absolute. No order

as to cost.

C/MCA/775/2020 JUDGMENT

Direct service is permitted through fax/e-mail/ any

other electronic mode.

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