Gujarat High Court
Reenaba D/O. Jivubha Parmar vs Dharmendrasinh Hanubha Jadeja on 29 September, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
C/MCA/1287/2023 ORDER DATED: 29/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1287 of 2023
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REENABA D/O. JIVUBHA PARMAR
Versus
DHARMENDRASINH HANUBHA JADEJA
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Appearance:
MS GAYATRIBA B JADEJA(5152) 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 : 29/09/2023
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. 142 of 2022 pending before the learned Family Court,
Jamnagar to learned Family Court, Surendranagar inter alia
on the ground of convenience.
2. The brief facts of the present case are as under:-
2.1 The applicant married with the respondent on 17.2.2014
as per the Hindu rites and rituals. Out of the said wedlock, one
daughter was born (at present aged about 8 years).
Subsequently, the respondent along with his family members
including father, mother, brother and other family members
started harassing the applicant. The respondent was treating
the petitioner with physical and mental cruelty, beating her
and giving threats. On 29.9.2022, the respondent filed Family
Suit No. 142 of 2022 before the learned Judge, Family Court
Jamnagar u/s. 13 (1)(ia) of the Hindu Marriage Act for divorce
NEUTRAL CITATION
C/MCA/1287/2023 ORDER DATED: 29/09/2023
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to avoid payment of maintenance and same is pending at the
stage of written statement. On 17.11.2022, as the petitioner is
without any source of income and unable to maintain herself,
the petitioner filed maintenance application u/s. 125 of Cr.P.C
before the Judicial Magistrate First Class, Muli (Surendranagar)
which is registered as Criminal Misc. Application No. 14 of
2022. Because of physical and mental harassment, cruelty
and demand of dowry, the petitioner filed complaint under
protection of women from domestic violence act, 2005 before
Surendranagar District Protection Officer. The applicant does
not have sufficient means for livelihood.
3. In background of above facts, the respondent has filed
Family Suit No.142 of 2022 under Section 13(1)(ia) of the
Hindu Marriage Act for divorce before the learned Family
Court, Jamnagar.
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.142 of 2022 from learned
Family Court, Jamnagar to learned Family Court,
Surendranagar inter-alia on the ground that she is facing
difficulty to attend proceedings at Family Court, Jamnagar as
she has to travel 204 kms. from Surendranagar to Jamnagar
along with her minor daughter.
5. Heard learned advocate Ms. Gayatriba Jadeja, for the
petitioner. Though served, none remain present for the other
side.
NEUTRAL CITATION
C/MCA/1287/2023 ORDER DATED: 29/09/2023
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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 Surendranagar along her
parents at parental home. She is keeping minor daughter
aged 08 years with her. It is also submitted that all other
proceedings arising out of dispute between the parties are
pending at different Courts at Surendranagar but, Family Suit
is pending at Family Court, Jamnagar.
7. Learned advocate for the petitioner would submit that
Surendranagar is 204 kms. apart from Jamnagar. On every
date, the petitioner has to come from Surendranagar to
Jamnagar 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, Jamnagar to Family Court,
Surendranagar, 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
NEUTRAL CITATION
C/MCA/1287/2023 ORDER DATED: 29/09/2023
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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 Surendranagar to Jamnagar is
quite difficult as both cities apart 204 kms. It is difficult for the
lady to attend proceedings at Family Court, Jamnagar. One
may also keep in mind that daughter is 8 years old. 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. Family Suit No.142 of 2022
pending at learned Family Court, Jamnagar is hereby
transferred to Family Court, Surendranagar for disposal in
accordance with law.
Direct service is permitted.
(J. C. DOSHI,J)
BEENA SHAH
