Joytsnaben D/O Ramanji Udaji ... vs Rameshbhai Ramsinh Solanki
2022 Latest Caselaw 420 Guj

     C/MCA/265/2020                                 JUDGMENT DATED: 12/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 265 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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     JOYTSNABEN D/O RAMANJI UDAJI CHAUHAN W/O RAMESHBHAI
                       RAMSINH SOLANKI
                            Versus
                 RAMESHBHAI RAMSINH SOLANKI
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Appearance:
MR IMTIYAZ I MANSURI(9159) for the Applicant(s) No. 1
MS. NIYATI D CHAUHAN(9082) for the Opponent(s) No. 1
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    CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 12/01/2022

                              ORAL JUDGMENT

1. Heard learned advocate Mr. Imtiyaz Mansuri for the applicant

and learned advocate Mr. Nayan Ravani for learned advocate Ms.

Niyati Chauhan for the respondent.

2.      The     present   application   under     Section-24    of     the     Civil







      C/MCA/265/2020                          JUDGMENT DATED: 12/01/2022

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

wife to transfer the HMP No.44 of 2019 pending with the Court of

learned Principal Senior Civil Judge, Kapadvanj, District- Kheda to

the learned Family Court, Ahmedabad.

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

married with the respondent on 27.04.1999 as per Hindu rights and

customs. They started residing in a joint family. That, the applicant

was mentally harassed from the beginning by the applicant and his

family members fro dowry. That, when the in-laws of the applicant

came to know about the discourteous, and in-genuine behaviour of

the respondent with the applicant, they did nothing except

motivating the respondent and the said act of the in-laws of the

applicant disturbed the applicant. That, from the said wed lock, the

applicant having two sons. That on 22.4.2013 the applicant was

forced to leave the house of her in-laws with his two sons and since

then the applicant is residing separately at her parent's home.

4. Learned advocate for the applicant submitted that the

applicant is lady staying with her parents and not having income

and she has to visit doctor for her regular check-up. He further

submitted that the respondent -husband is working as a Principal in

Vadan Primary School, Taluka: Palitana, District: Bhavnagar and

earning more than Rs.52,000/- per month. He submitted that the

applicant has preferred the Maintenance Application under Section

125 of the Code of Criminal Procedure praying maintenance of

C/MCA/265/2020 JUDGMENT DATED: 12/01/2022

Rs.25,000/- per month, which came to be partly allowed, against

which the Criminal Revision Application No. 7 of 2020 is pending

before this Court. He also submitted that the proceedings are

pending before the Court of learned Principal Senior Civil Judge,

Kapadvanj, District- Kheda be transferred to the learned Family

Court, Ahmedabad.

5. Learned advocate Mr. Nayan Ravani for learned advocate Ms.

Niyati Chauhan for the respondent has objected this application and

submitted that not to transfer the said H.M.P.

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 70 kms from Kapadvanj to Ahmedabad and

the applicant is a poor lady having two sons, which may cause

hardships for the children and the woman to attend the Court at

Kapadvanj. 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. The learned

advocate for the respondent has not much contested so far as the

financial aspect of the applicant is concerned and with regard to the

hardships of the opponent, therefore this is a fit case to exercise

discretion under section 24 of CPC for transferring the matter from

Ankleshwar to Rajkot. The application is allowed. The proceedings of

C/MCA/265/2020 JUDGMENT DATED: 12/01/2022

the HMP No.44/2019, pending before the Court of learned Principal

Senior Civil Judge, Kapadvanj. District: Kheda is ordered to be

transferred to the learned Family Court of Ahmedabad. Rule is made

absolute. No orders as to costs. Direct service is permitted.

(A. C. JOSHI,J) prk