Vaishaliben D/O Natubhai Dhokiya ... vs Anandbhai Laljibhai Shingadiya
2023 Latest Caselaw 6841 Guj

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       C/MCA/765/2023                            ORDER DATED: 15/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 765 of 2023

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     VAISHALIBEN D/O NATUBHAI DHOKIYA W/O ANANDBHAI LALJIBHAI
                           SHINGADIYA
                               Versus
                  ANANDBHAI LALJIBHAI SHINGADIYA
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Appearance:
BHARATKUMAR A DESAI(8513) for the Applicant(s) No. 1
MR. ABHISHEK N. MONAPARA(14070) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 15/09/2023

                               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.148 of 2022 pending before the learned Family Court, Bharuch to learned Family Court, Porbandar inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. Marriage of applicant and respondent took place on 12.03.2020 as per Hindu rites and rituals. After sometime of marriage, respondent started torturing and harassment and also demanded dowry. On 15.08.2021 respondent and their family members threw applicant from their home.

3. In background of above facts, the respondent has filed Family Suit No.148 of 2022 under section 9 of the Hindu

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Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Bharuch.

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.148 of 2022 from learned Family Court, Bharuch to learned Family Court, Porbander inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Bharuch as she has to travel 546 kms. from Bharuch to Porbander .

5. Heard learned advocate Mr.B.A.Desai for the petitioner and learned advocate Mr. Abhishek Monapra for the respondent.

6. Learned advocate Mr. Monapara for the respondent would submit that the petitioner has filed CMA No.163 of 2023 under section 125 of the Cr.P.C. before the learned Principal Judge, Family Court, Porbander. It is submitted that as per finding of the learned Family Court, she was earning Rs.10,000/- by serving with Orchive Pharma. Therefore, it is submitted that she is able to travel while going to service and hence, she is not facing any inconvenience to attend proceedings at Bharuch which is filed in the nature of conjugal rights. Having submitted, he would submit to dismiss this petition.

7. On the other hand learned advocate for the petitioner would submit that there are other litigation arising from the matrimonial dispute pending at Porbander and respondent is regularly attending the proceedings including proceedings under section125 of the Cr.P.C. In that view, there is no inconvenience

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to the respondent to come to Porbander for attending proceedings.

8. 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 Porbander 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 Porbander but Family Suit is pending at Family Court, Bharuch.

9. Learned advocate for the petitioner would submit that Bharuch is 546 kms apart from Porbander. On every date, the petitioner has to come from Porbander to Bharuch, 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, Bharuch to Family Court, Porbander, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

10. 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 Porbander to Bharuch is quite difficult as both cities apart 546 kms. It is difficult for the lady to attend proceedings at Family Court, Bharuch. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.

11. 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.148 of 2022 pending at learned Family Court, Bharuch is hereby transferred to Family Court, Porbander for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH