Rekhaben Pareshbhai Chauhan vs Pareshbhai Bhikhabhai Patel
2023 Latest Caselaw 6610 Guj

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     C/MCA/1113/2023                               ORDER DATED: 08/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1113 of 2023

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                       REKHABEN PARESHBHAI CHAUHAN
                                  Versus
                        PARESHBHAI BHIKHABHAI PATEL
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Appearance:
MR SANJAY PRAJAPATI(3227) for the petitioner (s) No. 1
MR RUKSHMANI GOSWAMI for MR MAHESHKUMAR K PUROHIT(10627)
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 HMP Suit No.45 of 2021 pending before the learned Family Court, Mehsana to learned Family Court, Ahmedabad inter alia on the ground of convenience.

2. It is the case of the petitioner that she resides at Ahmedabad and got married with the opponent - husband as per Hindu rites and rituals, whereas the opponent husband has preferred HMP Suit No.45 of 2021 in the Court at Mehsana under section 9 of the Hindu Marriage Act inter alia praying for a decree of restitution of conjugal rights. It is the case of the petitioner that it will not be possible for the petitioner to travel along with her two minor children, aged 08 years and 06 years respectively and it would be physical and mental harassment to them to travel on each adjournment from Ahmedabad to

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C/MCA/1113/2023 ORDER DATED: 08/09/2023

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Mehsana

3. In background of above facts, the respondent has filed HMP Suit No.45 of 2021 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Mehsana .

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 Suit No.45 of 2021 from learned Family Court, Mehsana to learned Family Court, Ahmedabad inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Mehsana, as she has to travel 64 km. from Ahmedabad to Mehsana along with her minor son.

5. Heard learned advocates 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 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, Mehsana.

7. Learned advocate for the petitioner would submit that Ahmedabad is 64 km apart from Mehsana. On every date, the petitioner has to come from Ahmedabad to Mehsana, which is quite inconvenience for the petitioner to attend the proceedings

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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, Mehsana 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.

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 Mehsana is quite difficult as both cities apart 64 km. It is difficult for the lady to attend proceedings at Family Court, Mehsana. 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. HMP Suit No.45 of 2021 pending at learned Family Court, Mehsana is hereby transferred

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to Family Court, Ahmedabad for disposal in accordance with law.

Direct service is permitted.

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