Swaroop Rajnikant Dave vs Yog Rashmikant Anjaria
2022 Latest Caselaw 4350 Guj

     C/MCA/548/2021                              JUDGMENT DATED: 22/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 548 of 2021


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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                        SWAROOP RAJNIKANT DAVE
                                Versus
                        YOG RASHMIKANT ANJARIA
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Appearance:
MR IM PANDYA(546) for the Applicant(s) No. 1
MS SHITAL J DESAI(11576) for the Applicant(s) No. 1
MR HRIDAY BUCH(2372) for the Opponent(s) No. 1
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    CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 22/04/2022

                             ORAL JUDGMENT

1. Heard learned advocate Mr. I.M. Pandya for the applicant and

learned advocate Mr. Hriday Buch for the respondent at length.

2. Rule. Learned advocate Mr. Hriday Buch waives service of rule for the respondent.

      C/MCA/548/2021                                JUDGMENT DATED: 22/04/2022



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 Family Suit No.1 of 2021 pending before the

Family Court at Jamnagar to the Family Court at Ahmedabad.

4. The brief facts of the case are that the applicant -wife got

married with the respondent - husband on 13.12.2018 as per Hindu

rites and rituals. That, immediately two months after the marriage,

the respondent started quarreling with the applicant and beaten the

applicant. That the respondent deserted the applicant in February -

2020. That, the applicant came to her parent's house for delivery.

That, after the delivery the respondent never came to take the

applicant - wife. That, from the said wedlock, they blessed with one

Dhyana, who is born on 14th April 2020 and is in the custody of the

applicant -wife. That, the respondent does not care for the

maintenance of the applicant and minor Dhyana. That, the

respondent - husband filed family Suit No. 1 of 2021 before the

Family Court at Jamnagar.

5. Learned advocate Mr. I. M. Pandya for the applicant submitted

that the applicant is dependent upon her brother who is residing at

Ahmedabad and the parents of the applicant - wife are no more. It

is further submitted that the distance between the Jamnagar to

Ahmedabad is approximately 300 KM (one side) and therefore,

round trip about 600 KM, which causes hardships to the applicant-

wife for attending the Court proceedings at Jamnagar. He also

C/MCA/548/2021 JUDGMENT DATED: 22/04/2022

submitted that the proceedings are pending before the Family Court

at Jamnagar may be transferred to the learned Family Court at

Ahmedabad.

6. Per contra, Learned advocate Mr. Hriday Buch for the

respondent has objected this application.

7. Having herd the arguments advanced by learned advocates

of both the sides, it appears that the distance between the

Jamnagar to Ahmedabad is approximately 300 KM (one side) and

therefore, round trip about 600 KM, which causes hardships to the

applicant-wife for attending the Court proceedings at Jamnagar.

Further, the applicant is having one minor child. 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 also referred to the decision made 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 Jamnagar to Ahmedabad. The application is allowed.

The proceedings of the Family Suit No.1 of 2021, pending before the

learned Family Court at Jamnagar is ordered to be transferred to the

learned Family Court at Ahmedabad. Rule is made absolute. No

orders as to costs. Direct service is permitted.

(A. C. JOSHI,J) prk