Poojaben W/O Prashantbhai Khalel ... vs Prashantbhai Lakhanshibhai ...
2023 Latest Caselaw 7021 Guj

                                                                                 NEUTRAL CITATION




       C/MCA/860/2023                            ORDER DATED: 22/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 860 of 2023
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       POOJABEN W/O PRASHANTBHAI KHALEL (GADHAVI) AND D/O
                  DHIRUBHAI RAMBHAI CHORADA
                             Versus
          PRASHANTBHAI LAKHANSHIBHAI KHALEL (GADHAVI)
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Appearance:
MR MRUGEN K PUROHIT(1224) for the Applicant(s) No. 1
M S PADALIYA(7406) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 22/09/2023

                               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.55 of 2022 pending before the learned Principal Civil Judge (SD), Vapi to learned Principal Civil Judge (SD), Gondal inter alia on the ground of convenience.

2. Facts of the case are as under :-

2.1. The applicant got married to respondent on 09.03.2019. After few months of marriage the petitioner was subjected to physical and mental torture by the respondent and thereafter, she was driven out of her matrimonial house.

3. In background of above facts, the respondent has filed HMP No.55 of 2022 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Vapi.

                                                                                   NEUTRAL CITATION




     C/MCA/860/2023                               ORDER DATED: 22/09/2023

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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.55 of 2022 from learned Principal Civil Judge (SD), Vapi to learned Principal Civil Judge (SD), Gondal inter-alia on the ground that she is facing difficulty to attend proceedings at Vapi as she has to travel 575 kms. from Gondal to Vapi.

5. On the other hand, learned advocate Mr.M.S.Padaliya appearing for the respondent opposed the petition. He has contended that since the opponent is serving in Vapi, it is inconvenient to him to attend the proceedings at Gondal on every adjourned date. He therefore, prays to dismiss the Misc. Civil Application.

6. Heard learned advocates for both the sides.

7. 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 Gondal 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 Gondal but HMP is pending at Vapi.

8. Learned advocate for the petitioner would submit that Vapi is 575 kms apart from Gondal. On every date, the petitioner has to come from Gondal to Vapi, 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

NEUTRAL CITATION

C/MCA/860/2023 ORDER DATED: 22/09/2023

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transferred from Vapi to Gondal, the petitioner shall not seek expenses for transportation she had borne for attending the proceedings. Upon such submissions, he requested to allow the petition.

9. 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 Gondal to Vapi is quite difficult as both cities apart 575 kms. It is difficult for the lady to attend proceedings at Vapi. Thus, inconvenience which is pinpointed in the petition can be visualized and could be given importance as well.

10. In view of above peculiar facts and circumstances and for the foregoing reasons, this petition deserves consideration. Accordingly, the petition is allowed. HMP No.55 of 2022 pending at learned Principal Civil Judge (SD), Vapi is hereby transferred to learned Principal Civil Judge (SD), Gondal for disposal in accordance with law. Direct service is permitted.

(J. C. DOSHI,J) SATISH