Harshaben Dilipkumar Satasiya ... vs Dilipkumar Arjanbhai Satasiya
2023 Latest Caselaw 6274 Guj

                                                                                  NEUTRAL CITATION




      C/MCA/579/2023                               ORDER DATED: 25/08/2023

                                                                                   undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 579 of 2023

==========================================================
     HARSHABEN DILIPKUMAR SATASIYA D/O VASANTBHAI TALAVIYA
                            Versus
                DILIPKUMAR ARJANBHAI SATASIYA
==========================================================
Appearance:
MR HARSH R JOSHI(12752) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1
==========================================================

 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 Judge & ACJM at Kathor, Surat to learned Principal Senior Civil Judge, Dhari inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. Applicant wife and respondent husband got married on 24.01.2016 at Tambakpara, Dhari following all rituals. Immediately, after the marriage, respondent husband started to torture present applicant wife and also started to abuse her. It is submitted that ultimately the respondent has deserted the applicant on 01.01.2022. It is submitted that after the marriage, till date there is no child to the petitioner and respondent.

                                                                                      NEUTRAL CITATION




     C/MCA/579/2023                                  ORDER DATED: 25/08/2023

                                                                                      undefined

3. In background of above facts, the respondent has filed H.M.P.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 & ACJM, Kathor, Surat.

4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer HMP No.1 of 2023 from learned Principal Senior Civil Judge & ACJM, Kathor, Surat to learned Principal Senior Civil Judge, Dhari inter-alia on the ground that she is facing difficulty to attend proceedings at Kathor, Surat as she has to travel from Kathor, Surat to Dhari.

5. Heard learned advocate Mr. Harsh Joshi 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 Dhari along her parents at parental home. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Dhari but Hindu Marriage Petition is pending at Family Court, Kathor, Surat.

7. Learned advocate for the petitioner would submit that Kathor, Surat is far from Dhari. On every date, the petitioner has to come from Dhari to Kathor, Surat, which is quite inconvenience for the petitioner to attend the proceedings every

NEUTRAL CITATION

C/MCA/579/2023 ORDER DATED: 25/08/2023

undefined

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 & ACJM, Kathor, Surat to learned Principal Senior Civil Judge, Dhari, 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 Kathor, Surat to Dhari is quite difficult as both cities are far. It is difficult for the lady to attend proceedings at Learned Principal Senior Civil Judge & ACJM, Kathor, Surat. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.

9. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration.

                                                                                 NEUTRAL CITATION




         C/MCA/579/2023                          ORDER DATED: 25/08/2023

                                                                                 undefined

Accordingly, the petition is allowed. Hindu Marriage Petition No.1 of 2023 pending at learned Principal Senior Civil Judge & ACJM, Kathor, Surat is hereby transferred to learned Principal Senior Civil Judge, Dhari for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH