Gujarat High Court
Komal W/O Chiragkumar Devjibhai ... vs Chiragkumar Devjibhai Vaghela on 6 September, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
C/MCA/1215/2023 ORDER DATED: 06/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1215 of 2023
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KOMAL W/O CHIRAGKUMAR DEVJIBHAI VAGHELA AND D/O
RAMESHBHAI SOMABHAI TALPADA
Versus
CHIRAGKUMAR DEVJIBHAI VAGHELA
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Appearance:
MR. THAKORE, ADVOCATE FOR KARAN Y VYAS(8539) for the Applicant(s)
No. 1
MS. KHUSHBU VYAS, ADVOCATE FOR MR PRAMODKUMAR C
GEHLOT(13266) 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 the
proceedings of H.M.P.No. 25 of 2019 pending before the
learned Family Court, Bharuch to the learned Family Court,
Anand inter alia on the ground of convenience.
2. The brief facts of this case are as under:-
2.1 The present applicant is residing at Anand and only with
a view to harass the applicant, the respondent has filed H.M.P.
at Bharuch. Initially, during the pandemic situation the
applicant had not attend the court proceedings at Bharuch for
almost two years. Now, the matter is at the stage of the
applicant's evidence . The applicant is also having two minor
children aged 13 and 6 respectively. It is very difficult for her
NEUTRAL CITATION
C/MCA/1215/2023 ORDER DATED: 06/09/2023
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to travel along with them to attend the court proceedings and
therefore, the applicant is filing the present application as it
would be in the interest of justice that the said proceedings
shall be transferred to the learned Family Court at Anand.
That, the present applicant is facing difficulty and hardship to
travel from Anand to Bharuch. The applicant -wife has filed an
application under section 125 of Cr.P.C . The said application
came to be decided by the learned Court below. The applicant
has also filed Criminal Misc. Application No. 107 of 2019 before
the learned JMFC, Anand under the Domestic Violence Act,
2005. The distance between Bharuch to Anand is more than
130 k.m and the applicant has to travel alone from Anand to
Bharuch to attend the Court proceedings.
3. Mr. Thakore, learned advocate appearing for Mr.Karan
Y.Vyas, learned advocate for the applicant submits that two
other proceedings arising out of the matrimonial discord are
pending before the Court at Anand. One of them is at before
the Family Court Anand which is filed under Section 125 of
Cr.P.C. He would further submit that it is difficult for the wife
to attend the divorce proceedings at Bharuch travelling 130
k.m along with two children. Therefore, he would submit to
allow this petition. In his fairness, Mr. Thakore, learned
advocate made the statement before this Court that if the
Family Suit is transferred to Family Court, Anand, the
applicant-wife shall not claim the travelling expenses or
commuting expenses from the husband. Upon such
submission, request is made to allow this application.
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C/MCA/1215/2023 ORDER DATED: 06/09/2023
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4. Ms. Khushbu Vyas, learned advocate appearing for Mr.
Pramodkumar C.Gehlot, learned advocate for the respondent
had made two submissions (1) that the travelling expenses
should not be allowed to be paid to the applicant, if the family
suit is transferred to the Family Court, Anand (2) that the
Family Suit if it is transferred to Anand, it should be kept along
with Criminal Misc. Application No. 107 of 2019 which is
pending before the Family Court Anand for further
proceedings.
5. Heard learned advocates appearing for the respective
parties.
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 Anand along her parents at
parental home. She is keeping two minor children with her. It
is also submitted that all other proceedings arising out of
dispute between the parties are pending at different Courts at
Anand but, Family Suit is pending at Family Court, Bharuch.
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
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C/MCA/1215/2023 ORDER DATED: 06/09/2023
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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 Anand to Bharuch is quite difficult
as both cities apart 130 k.m. It is difficult for the lady to attend
proceedings at Family Court, Bharuch. One may also keep in
mind that two minor children. 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. The proceedings of H.M.P.
No. 25 of 2019 pending at learned Family Court, Bharuch is
hereby transferred to learned Family Court, Anand for disposal
in accordance with law.
Direct service is permitted.
(J. C. DOSHI,J)
BEENA SHAH
