Alpaben Amitbhai Chauhan vs Amitbhai Chandrakant Chauhan
2023 Latest Caselaw 6541 Guj

                                                                                      NEUTRAL CITATION




      C/MCA/1167/2023                                  ORDER DATED: 06/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 1167 of 2023

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                          ALPABEN AMITBHAI CHAUHAN
                                    Versus
                        AMITBHAI CHANDRAKANT CHAUHAN
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Appearance:
MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1
JAY R SHAH(8428) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 06/09/2023

                                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. (HMP) No. 71 of 2023 pending before the learned Family Court, Bhavnagar to the competent Court at Ahmedabad inter alia on the ground of convenience.

2. The brief facts of this case are as under:-

2.1 The present applicant got married to the respondent on 20.4.2018 as per Hindu rites and rituals at Khedbrahma . That, from the beginning of the marriage, respondent and his family members started to give mental and physical harassment to the applicant for bringing less dowry. After beating the applicant, respondent had driven her out of the house on 10.3.2019 and therefore, the applicant is staying at her parental home.

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C/MCA/1167/2023 ORDER DATED: 06/09/2023

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3. Ms. Deepmala Desai, learned advocate for the applicant submits that all the proceedings arising out of the matrimonial discord except the proceeding of which the transfer petition is filed are pending before this Court, Ahmedabad. She would further submit that present applicant is suffering from multiple ailment. She has referred pg 29 and 31 of the compilation and would submit that the applicant is suffering from obesity, arthritis, dyslipidemia etc. She would further submit that even the ailment of posterior fissure are suffered by the applicant. She would further submit that the husband is threatened the applicant when the applicant has attended the proceedings at Ahmedabad. She would further submit that the distance between Ahmedabad to Bhavnagar is almost 173 kilometers. Considering these aspects as well as doctrine of convenience, this application is required to be allowed and Family Suit is required to be transferred from learned Family Court, Bhavnagar to learned Family Court, Ahmedabad.

4. Mr. Jay Shah, learned advocate appearing for the respondent opposing the said submissions would submits that the husband is regularly paying the maintenance to the applicant and he is ready and willing to pay the expenses which borne by the applicant to attend the proceedings at Bhavnagar. He would further submits that the responsibility of the aged parents are on the shoulder of the husband so it would be quite inconvenience him for attending the proceedings of the Family Suit at Ahmedabad.

5. A Joint request is being made by learned advocates appearing for both the sides that the application filed under

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Section 125 of the Cr.P.C being Criminal Misc. Application No. 1241 of 2020 is pending before the Family Court, Ahmedabad so if the Family Suit is transferred to Family Court, Ahmedabad, both these proceedings to be kept together on any one day before any Court.

6. Heard learned advocates appearing for the respective parties.

7. 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. 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, Bhavnagar.

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

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C/MCA/1167/2023 ORDER DATED: 06/09/2023

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earlier must be considered more particularly in background of the fact that travelling from Ahmedabad to Bhavnagar is quite difficult as both cities apart 173 k.m. It is difficult for the lady to attend proceedings at Family Court, Bhavnagar. 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. The Principal Judge, Family Court, Ahmedabad to see that both the proceedings to be kept together on any one day on any one Court which shall be heard and decided together. Family Suit No.71 of 2023 pending at learned Family Court, Bhavnagar is hereby transferred to Family Court, Ahmedabad for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) BEENA SHAH