Mittalben W/O Vimalbhai ... vs Vimalbhai Dhanjibhai Bambhaniya
2023 Latest Caselaw 6584 Guj

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      C/MCA/1122/2023                               ORDER DATED: 08/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 1122 of 2023

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        MITTALBEN W/O VIMALBHAI BAMBHANIYA D/O BHIMJIBHAI
                    KARSHANBHAI VAGHMASHI
                             Versus
                VIMALBHAI DHANJIBHAI BAMBHANIYA
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Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 08/09/2023

                              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. 91 of 2023 pending before the learned Family Court, Jamnagar to learned Family Court, Anjar inter alia on the ground of convenience.

2.1 The marriage between the applicant and respondent herein was solemnized on 24/05/2014 as per the Hindu Vedic rights and ritual, the applicant started residing at her matrimonial house Anjar with the respondent husband and family Members, during the wedlock on dated 26/10/2015 Baby boy Daksh born.

2.2 After marriage of applicant and respondent have residing at Anjar during that time the respondent and his family member frequently mentally and physically harass by respondent husband and his family member have demanded Dowry and the

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respondent started fighting and abusing on the applicant and frequently even used to physically torture her.

2.3 In 2018 the applicant was pregnant the respondent and his family members had forcefully given pill, she has miscarriage therefore she has filled complainant against respondent and family members, thereafter the applicant left her matrimonial home, during that time respondent and his family member tried to settle issued before police station, thereafter the respondent husband threatened to the applicant, in 2020 after various authority approached by the applicant the complaint was lodged against respondent and their family members before Mahila Police station, East Kutch vide Cr No. 11993012200002 of 2020, the same complaint challenged by the respondent which is pending before this Hon'ble Court.

3. In background of above facts, the respondent has filed Family Suit No. 91 of 2023 under section 13(1)(ab) of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Jamnagar .

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.91 of 2023 from learned Family Court, Jamnagar to learned Family Court, Anjar inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Jamnagar, as she has to travel 230 kms. from Anjar to Jamnagar along with her minor son.

5.     Heard       learned   advocate    Mr.    Darshan    Dave        for    the





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     C/MCA/1122/2023                        ORDER DATED: 08/09/2023

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petitioner and learned advocate Mr. Ashish Dagli for the respondent.

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 Anjar along her parents at parental home. She is keeping minor son 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 Anjar but Family Suit is pending at Family Court, Jamnagar.

7. Learned advocate for the petitioner would submit that Anjar is 230 kms apart from Jamnagar. On every date, the petitioner has to come from Anjar to Jamnagar, 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, Jamnagar to Family Court, Anjar, 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

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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 Anjar to Jamnagar is quite difficult as both cities apart 230 kms. It is difficult for the lady to attend proceedings at Family Court, Jamnagar. 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.91 of 2023 pending at learned Family Court, Jamnagar is hereby transferred to Family Court, Anjar for disposal in accordance with law.

Direct service is permitted.

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