Prachiben W/O. Kalpeshbhai Patel ... vs Kalpesh Amratbhai Patel
2023 Latest Caselaw 6414 Guj

                                                                                NEUTRAL CITATION




      C/MCA/1031/2023                            ORDER DATED: 02/09/2023

                                                                                undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 1031 of 2023

==========================================================
      PRACHIBEN W/O. KALPESHBHAI PATEL D/O. ABHAYBHAI PATEL
                             Versus
                    KALPESH AMRATBHAI PATEL
==========================================================
Appearance:
MR DHAVAL TRIVEDI for MR PRATIK B BAROT(3711) for the petitioner(s)
No. 1
NOTICE SERVED for the Opponent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 02/09/2023

                              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. 940 of 2022 pending before the learned Family Court, Vadodara to learned Family Court, Ahmedabad inter alia on the ground of convenience.

2. The marriage of the petitioner was solemnized with the respondent on 15.02.2003 as per the Hindu rites and ritualsThe petitioner, after marriage, started residing with the respondent in a joint family. Out of the said wedlock, a girl namely Jenisha was born.

2.1 At the initial stage, the marriage life of the petitioner with the respondent herein went on very smoothly; however, after a lapse of some years, the relations between the parties started becoming sour. The petitioner states that though there was no

NEUTRAL CITATION

C/MCA/1031/2023 ORDER DATED: 02/09/2023

undefined

fault on the part of the petitioner, the husband of the petitioner along with other family members were behaving in a very inhuman way, so therefore, the petitioner and the respondent started residing separately in the year 2016 but thereafter also the harassment at the hands of in-laws and the respondent continued. Was continued.

2.2 That despite giving sufficient time to settle down with the petitioner, the behaviour of the respondent as well as his family members remains the same and ultimately, the petitioner was deserted by the respondent. The petitioner therefore went to reside at Ahmedabad along with her daughter.

2.3 That it would be highly inconvenient for her to attend the proceedings at Vadodara and therefore, the petitioner is constrained to prefer the present application invoking Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition filed by the respondent herein at Vadodara to the competent Court having jurisdiction at Ahmedabad, where it would be convenient for the petitioner to attend the proceedings.

3. In background of above facts, the respondent has filed Family Suit No.940 of 2022 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Vadodara.

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.940 of 2022 from learned Family Court, Vadodara to learned Family Court, Ahmedabad inter-alia on the

NEUTRAL CITATION

C/MCA/1031/2023 ORDER DATED: 02/09/2023

undefined

ground that she is facing difficulty to attend proceedings at Family Court, Vadodara, as she has to travel 122 km. from Ahmedabad to Vadodara along with her minor son.

5. Heard learned advocate Mr. Dhaval Trivedi for learned advocate Mr. Pratik Barot for the petitioner. Though served, none remain present for the 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 Ahmedabad along her parents at parental home. She is keeping minor daughter aged 08 years with her. It is also submitted that all other proceedings arising out of dispute between the parties are pending at different Courts at Ahmedabad but Family Suit is pending at Family Court, Vadodara.

7. Learned advocate for the petitioner would submit that Ahmedabad is 122 km apart from Vadodara. On every date, the petitioner has to come from Ahmedabad to Vadodara, 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 for the petitioner would further submit that in case Family Suit is transferred from Family Court, Vadodara to Family Court, Ahmedabad, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

                                                                                NEUTRAL CITATION




       C/MCA/1031/2023                          ORDER DATED: 02/09/2023

                                                                               undefined

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 Ahmedabad to Vadodara is quite difficult as both cities apart 122 km. It is difficult for the lady to attend proceedings at Family Court, Vadodara. One may also keep in mind that son is 5 years old. 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. Accordingly, the petition is allowed. Family Suit No.940 of 2022 pending at learned Family Court, Vadodara is hereby transferred to Family Court, Ahmedabad for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SHEKHAR P. BARVE