Rajshree @ Rina D/O Kadvabhai ... vs Jigneshbhai Rambhai Vaja
2023 Latest Caselaw 6273 Guj

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     C/MCA/862/2023                            ORDER DATED: 25/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 862 of 2023

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               RAJSHREE @ RINA D/O KADVABHAI BHARDA
                              Versus
                     JIGNESHBHAI RAMBHAI VAJA
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Appearance:
MR DD CHUDASAMA(2734) for the Applicant(s) No. 1
MR PRASHANT MANKAD(2189) 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 : 25/08/2023

                             ORAL ORDER

1. In this petition filed under section 24 of the Code of Civil Procedure, 1908, the petitioner has prayed to transfer Hindu Marriage Petition No.1 of 2023 pending before the learned Principal Senior Civil Court, Una to learned Principal Family Court, Junagadh inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. The applicant and opponent are wife and husband and their marriage took place in the year 2010. The applicant has three children with her and studying at Junagadh. After some time of marriage, the opponent started harassing the applicant - wife on the ground of delivering girls only. At present the applicant is staying with her children at her parental house at Junagadh.

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     C/MCA/862/2023                               ORDER DATED: 25/08/2023

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3. In background of above facts, the respondent has filed Hindu Marriage Petition No.1 of 2023 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Principal Senior Civil Judge, Una.

4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer Hindu Marriage Petition No.1 of 2023 pending before the learned Principal Senior Civil Court, Una to learned Principal Family Court, Junagadh inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Junagadh, as she has to travel 180 kms. from Una to Junagadh along with her children.

5. Heard learned advocate Mr. D.D.Chudasama 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 Junagadh along her parents and children at parental home. She is keeping 3 children with her. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Junagadh but Hindu Marriage Petition is pending at learned Principal Senior Civil Judge, Una.

7. Learned advocate for the petitioner would submit that Junagadh is 180 kms apart from Una. On every date, the

NEUTRAL CITATION

C/MCA/862/2023 ORDER DATED: 25/08/2023

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petitioner has to come from Junagadh to Una, which is quite inconvenience for the petitioner to attend the proceedings every time. Therefore, he would submit that the petitioner is urging to transfer Hindu Marriage Petition only on the ground of inconvenience she is facing. Learned advocate for the petitioner would further submit that in case Hindu Marriage Petition is transferred from learned Principal Senior Civil Judge, Una to learned Family Court, Junagadh, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

8. 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 Junagadh to Una is quite difficult as both cities apart 180 kms. It is difficult for the lady to attend proceedings at learned Principal Senior Civil Judge, Una. One may also keep in mind that three children are with the petitioner. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.

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         C/MCA/862/2023                          ORDER DATED: 25/08/2023

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9. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration. Accordingly, the petition is allowed. Hindu Marriage Petition No.1 of 2023 pending at learned Principal Senior Civil Judge, Una is hereby transferred to learned Family Court, Junagadh for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH