Meghna W/O Zubin Ketanbhai Barot ... vs Zubin Ketanbhai Barot
2023 Latest Caselaw 3389 Guj

       C/MCA/417/2023                                     ORDER DATED: 26/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/MISC. CIVIL APPLICATION NO. 417 of 2023
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         MEGHNA W/O ZUBIN KETANBHAI BAROT D/O MANOJSINH
                       MADHAVSINHJI RAO
                             Versus
                     ZUBIN KETANBHAI BAROT
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Appearance:
MALAYKUMAR S PATEL(8901) for the Applicant(s) No. 1
MR HARSHADRAY DAVE WITH MR GY PATHAN(5372) for the Opponent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 26/04/2023

                                    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 to transfer

Hindu Marriage Petition No.271 of 2023 pending before the

learned Principal Family Court, Ahmedabad to the competent

Court at Himmatngar.

3. Heard learned advocates.

3.1 Learned advocate for the petitioner has submitted

that as the applicant is lady and serving as Class-3

Municipal Engineer at Taluka Idar, District Sabarkantha, it

is very difficult for the applicant to attend the proceedings at

C/MCA/417/2023 ORDER DATED: 26/04/2023

Ahmedabad.

3.2 Learned advocate appearing for the respondent has

vehemently opposed this application. He submitted that the

applicant is serving as Engineer and now she is transferred

to Idar, therefore, she may not have any difficulty and it

cannot be considered as hardship for her to attend the

proceedings at Ahmedabad. He has relied on the judgment in

the case of Vaibhavi Pinkesh Solanki V/s Pinkesh Vijaykumar

Solanki reported in 2021(3) GLR 2199 and submitted that in view of this judgment, where the Court has considered

similar set of circumstances, this application is not required

to be entertained. He has further submitted that the

respondent is apprehending about the physical assault if the

matter is transferred to Himmatnagar.

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

C/MCA/417/2023 ORDER DATED: 26/04/2023

social strata of the spouses and their behavioural pattern,

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. As regards the submissions made by learned

advocate for the respondent, in view of the fact that now the

applicant is transferred to Idar, there is one more ground to

consider this application sympathetically as the applicant has

to attend the office as Engineer at Idar and therefore it will

be very difficult for her to attend the proceedings at

Ahmedabad. With regard to the other submission made by

learned advocate for the respondent about the physical

assault, it is always open for the respondent to file

appropriate proceeding or complaint, if any such thing

happens. The judgment relied on by learned advocate for the

respondent will not be helpful as the facts of each case are

different and the discretion is to be exercised in the facts of

each case.

7. 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),

C/MCA/417/2023 ORDER DATED: 26/04/2023

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. Hindu Marriage Petition No.271 of 2023

pending before the learned Principal Family Court,

Ahmedabad to the competent Court at Himmatngar with all

ancillary proceedings. Order accordingly. It is expected that

both the parties shall not act in a manner which may violate

any provision of law during the proceedings before the

concerned Court.

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 so as to avoid

multiplicity in trial of the same issues and conflict of

decisions.

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA