Gujarat High Court
Bhumiben Maniyar W/O Parthbhai ... vs Parth Kamalbhai Maniyar on 6 April, 2023
Bench: Sandeep N. Bhatt
C/MCA/247/2023 ORDER DATED: 06/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 247 of 2023
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BHUMIBEN MANIYAR W/O PARTHBHAI MANIYAR
Versus
PARTH KAMALBHAI MANIYAR
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Appearance:
KUSHAL A DESAI(9435) for the Applicant(s) No. 1
MR SP MAJMUDAR(3456) for the Applicant(s) No. 1
MS MAMTA R VYAS(994) for the Opponent(s) No. 1
MS NALINIBEN JADEJA(2529) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/04/2023
ORAL ORDER
1. Rule. Learned advocate waives service of notice of
rule on behalf of the respondent.
2. This application is filed under Section 24 of the
Code of Civil Procedure, 1908 by the applicant - wife to
transfer H.M.P. No.83 of 2018, pending before the Court of
Principal Civil Judge, Bhavnagar to the Family Court,
Ahmedabad.
3. Heard learned advocates.
3.1 Learned advocate for the petitioner has submitted
that it is very difficult for the applicant to attend the
C/MCA/247/2023 ORDER DATED: 06/04/2023
proceedings at Bhavnagar as the distance from Ahmedabad
to Bhavnagar is about 177 kms.
3.2 Learned advocate appearing for the respondent has
vehemently opposed this application. She has relied upon the
judgments of the Hon'ble Apex Court in the case of (i)
Anindita Das Versus Srijit Das reported in 2005 (0) AIJEL-
SC 38902, (ii) Abhilasha Gupta Versus Harimohan Gupta
reported in 2021 (0) AIJEL-SC 67826 and also relied upon
the judgment of the Madhya Pradesh High Court in the case
of and (iii) Smt. Monika Gautam Versus Jitendra @ Jeet
Arya reported in MCC No.2073 of 2018 dated 01.08.2019 and
has submitted in such circumstances, the order of transfer
may not be granted.
4. At this stage, it would be fruitful to refer to the
ratio laid down by the Hon'ble Supreme Court in the cases
of :- (i) Smita Singh Versus Kumar Sanjay reported in AIR
2002 SC 396 and (ii) N.C.V. Aishwarya versus A.S. Saravana
Karthik Sha reported in 2022 LiveLaw (SC) 627.
5. In matrimonial matters, wherever it is required to
be considered the plea of transfer, it should be taken into
consideration the economic soundness of both the parties, the
social strata of the spouses and their behavioural pattern,
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their standard of life prior to the marriage and subsequent
thereto and the circumstances of both the parties in eking
out their livelihood and under whose protective umbrella they
are seeking their sustenance to life.
6. Considering the averments made by learned
advocate appearing for the respective parties and considering
the ratio as laid down by the Hon'ble Supreme Court in the
case of Smita Singh (Supra) and N.C.V. Aishwarya (supra),
so also considering the facts of the present case and also
considering the hardship of the applicant, the ends of justice
should demand the transfer of the proceeding/s in question
under Section 24 of the Code of Civil Procedure, 1908, this
Court deems it fit to accept the submissions advanced by the
learned advocate appearing for the applicant and transfer the
proceedings i.e. H.M.P. No.83 of 2018, pending before the
Court of Principal Civil Judge, Bhavnagar to the Family
Court, Ahmedabad, with all ancillary proceedings. Order
accordingly.
7. The present application is accordingly allowed.
Rule is made absolute.
8. It is expected that the trial Court concerned
should hear all the proceedings together, if any, so as to
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avoid multiplicity in trial of the same issues and conflict of
decisions, if possible
Direct service is permitted.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
