Mayurika W/O. Mahendrakumar ... vs Mahendra Harikrushna Patel
2023 Latest Caselaw 7023 Guj

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       C/MCA/1438/2023                            ORDER DATED: 22/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 1438 of 2023
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       MAYURIKA W/O. MAHENDRAKUMAR PATEL D/O. BHAILALBHAI
                        DHULABHAI PATEL
                            Versus
                  MAHENDRA HARIKRUSHNA PATEL
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR. SHIVAM N THAKKAR(10024) 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 Family Suit No.124 of 2023 pending before the learned Family Court, Anand 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 on 22.02.2021. 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 Family Suit No.124 of 2023 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court, Anand.

4. In view of above, the petitioner has approached this Court

NEUTRAL CITATION

C/MCA/1438/2023 ORDER DATED: 22/09/2023

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under section 24 of the Code of Civil Procedure seeking relief to transfer HMP No.124 of 2023 from learned Family Court, Anand to learned Family Court, Vadodara inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Anand, as she has to travel 45 kms. from Anand to Vadodara.

5. On the other hand, learned advocate Mr.Thakkar appearing for the respondent opposed the petition. He has contended that since the opponent is serving in Vadodara, it is inconvenient to him to attend the proceedings at Anand 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 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, Anand.

8. Learned advocate for the petitioner would submit that Vadodara is 45 kms apart from Anand. On every date, the petitioner has to come from Anand to Vadodara, 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,

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C/MCA/1438/2023 ORDER DATED: 22/09/2023

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Vadodara to Family Court, Anand, 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 Anand to Vadodara is quite difficult as both cities apart 45 kms. It is difficult for the lady to attend proceedings at Family Court, Vadodara. 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. Family Suit No.124 of 2023 pending at learned Family Court, Anand is hereby transferred to Family Court, Vadodara for disposal in accordance with law. Direct service is permitted.

(J. C. DOSHI,J) SATISH