Mayaben Bipinbhai Sanariya vs Bipinbhai Narbheram Sanariya
2023 Latest Caselaw 6112 Guj

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     C/MCA/1112/2023                                   ORDER DATED: 21/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 1112 of 2023

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                        MAYABEN BIPINBHAI SANARIYA
                                   Versus
                       BIPINBHAI NARBHERAM SANARIYA
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Appearance:
SHREY H DAVE(8444) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 21/08/2023

                                ORAL ORDER

1. In this petition filed under section 24 of the Code of Civil Procedure, 1908, the petitioner has prayed to transfer Family Suit No.15 of 2023 pending before the learned Family Court, Morbi to learned Family Court, Navsari inter-alia on the ground of convenience.

2. It is the case of the petitioner that marriage between petitioner and respondent took place as per rituals of Arya Samaj on 23.02.2014 at Village Tankara, District Morbi. Thereafter, both of them lived together as husband and wife in matrimonial home at Morbi District. Wed-lock has resulted into birth of Prachi who is 8 years old at present. During the marriage span between the parties, some dispute and difference arose due to altercation. The petitioner therefore, left matrimonial home on 29.01.2022 along with her daughter - Prachi and is residing at her parental home at Navsari. Dispute

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C/MCA/1112/2023 ORDER DATED: 21/08/2023

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has given rise to application filed under section 125 of Cr.P.C. for maintenance being Misc. Application No.68 of 2022 before the learned Family Court, Navsari. This application came to be filed on 23.05.2022. Criminal complaint also came to be lodged before the concerned Mahila Police Station, Navsari. Investigation is complete and charge-sheet is filed which is registered as C.C.No.564 of 2023 before learned 2 nd Chief Judicial Magistrate, Navsari.

3. In background of above facts, the respondent has filed Family Suit No.15 of 2023 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights at Family Court, Morbi.

4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer Family suit No.15 of 2023 from Family Court, Morbi to Family Court, Navsari inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Morbi, as she has to travel 480 kms. from Navsari to Morbi along with her minor daughter.

5. Heard learned advocate Mr. Shrey Dave for the petitioner. Though served, none remain present for the other side. No objection has been raised by other side.

6. Pressing into service judgment in the case of Tejalben v/s. Mihirbhai Bharatbhai Kothari [AIR 2016 SC 718], it is sought to be submitted by learned advocate for the petitioner that the petitioner is lady living in Navsari along her parents at parental

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home. She is keeping minor daughter who is studying in 3 rd Standard with her. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Navsari but Family Suit is pending at Family Court, Morbi. Learned advocate Mr.Dave for the petitioner would submit that Navsari is 480 kms apart from Morbi. On every date, the petitioner has to come from Navsari to Morbi, which is quite inconvenience for the petitioner to attend the proceedings every time. Therefore, he would submit that the petitioner is urging to transfer Family Suit only on the ground of inconvenience she is facing. Learned advocate Mr.Dave further submitted that in case Family Suit is transferred from Family Court, Morbi to Family Court, Navsari, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

7. In the case of Sumita Singh v/s. Kumar Sanjay [AIR 2002 SC 396], the Apex Court has observed that wife's inconveniency must be given due importance while deciding transfer petition. It is to be noted that power under section 24 of the CPC is discretionary power. The Court may or may not exercise discretion. However, when such discretion is to be exercised it must be guided by settled principle of law. To be noted that the petitioner has sought relief only on the ground of inconvenience. Fairness of judicial proceedings is not questioned. No allegations of bias in the proceedings is levelled against Judicial Officers. Thus convenience as stated earlier must be considered more particularly in background of the fact that travelling from Navsari to Morbi is quite difficult as both cities apart 480 kms. It is difficult for the lady to attend proceedings at Family Court,

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Morbi. One may also keep in mind that daughter is 8 years old and studying in 3rd Standard. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.

8. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration. Accordingly, the petition is allowed. Family Suit No.15 of 2023 pending at Family Court, Morbi is hereby transferred to Family Court, Navsari for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH