Mitali W/O Bunty @ Umesh ... vs Bunty @ Umesh Rameshchandra ...
2023 Latest Caselaw 6904 Guj

                                                                                NEUTRAL CITATION




     C/MCA/1286/2023                            ORDER DATED: 18/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1286 of 2023
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     MITALI W/O BUNTY @ UMESH RAMESHCHANDRA AGARWAL D/O
                    BHAGWATIPRASAD AGARWAL
                             Versus
            BUNTY @ UMESH RAMESHCHANDRA AGARWAL
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Appearance:
MS MEDHA N PANDYA(6171) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 18/09/2023

                             ORAL ORDER

1. In this petition filed under section 24 of the Code of Civil Procedure, 1908, the petitioner has prayed to transfer HMP No.419 of 2022 pending before the learned Family Court, Surat to learned Family Court, Vadodara inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. The applicant got married to respondent no.29.04.2018. After few months of marriage the petitioner was subjected to physical and mental torture by the respondent and his family members and in the year 2019 she was driven out of her matrimonial house.

3. In background of above facts, the respondent has filed HMP No.419 of 2022 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Surat.

NEUTRAL CITATION

C/MCA/1286/2023 ORDER DATED: 18/09/2023

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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 No.419 of 2022 from learned Family Court, Surat to learned Family Court, Vadodara inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Surat, as she has to travel 154 kms. from Surat to Vadodara.

5. Heard learned advocate for the petitioner. Though served, none remain present for the other side. No objection has been raised by other side.

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 Vadodara 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 Vadodara but Family Suit is pending at Family Court, Surat.

7. Learned advocate for the petitioner would submit that Surat is 154 kms apart from Vadodara. On every date, the petitioner has to come from Vadodara to Surat, 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, Surat to Family Court, Vadodara, the petitioner shall not seek expenses for transportation she had borne for attending the

NEUTRAL CITATION

C/MCA/1286/2023 ORDER DATED: 18/09/2023

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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 Vadodara to Surat is quite difficult as both cities apart 154 kms. It is difficult for the lady to attend proceedings at Family Court, Surat. 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 No.419 of 2022 pending at learned Family Court, Surat is hereby transferred to Family Court, Vadodara for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) SATISH