Gujarat High Court
Mehaben W/O Krushnakant ... vs Krishnakant Naranbhai Patel on 29 September, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
C/MCA/1173/2023 ORDER DATED: 29/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1173 of 2023
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MEHABEN W/O KRUSHNAKANT NARANBHAI PATEL D/O RAJENBHAI
ISHWARBHAI PATEL
Versus
KRISHNAKANT NARANBHAI PATEL
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Appearance:
HARSHIT R PUROHIT(8385) for the Applicant(s) No. 1
MR MANTHAN K BHATT(6549) for the Applicant(s) No. 1
MR BHAVIN J SATWARA(3718) 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. 164 of 2022 pending before the learned Family Court,
Anand to learned Family Court, Vadodara inter alia on the
ground of convenience.
2. The brief facts of the present case are as under:-
2.1 The petitioner got married to respondent on 3.5.2013
and out of the said wedlock, one son was born (at present aged
about 8 years) . That the respondent husband was torturing,
harassing and abusing the petitioner physically and mentally
after the marriage. After the birth of her son Jay respondent
enforced petitioner to stay in United Kingdom illegally with her
in-law parents and in-law sister. The petitioner was tortured
and harassed by respondent and his family in U.K. Therefore,
the petitioner came back to India. However, after some time
respondent exposed that he was living illegally therefore, he
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C/MCA/1173/2023 ORDER DATED: 29/09/2023
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was deported by UK Government. That after being deported to
India, respondent never meet the petitioner and his son to his
home and contrary, started harassing petitioner telephonically
as to get her sign in divorce agreement. Thereafter, the
respondent has filed impugned Family Suit No. 164 of 2022 u/s.
13(1) (ib) of the Hindu Marriage Act for divorce at Family Court,
Anand on 8.10.2022. Being harassed with continuous torturing
of respondent and as to protect herself and her son the
petitioner has also filed one Criminal Misc. Application No. 484
of 2023 under Domestic Violence Act against the respondent
and her in-laws before the learned Chief Judicial Magistrate
Court, Vadodara. The petitioner's father died and the petitioner
has no other person in house to take care the minor son and
widow mother. The petitioner has no independent arrangement
/vehicle to travel to Anand from Vadodara.
3. In background of above facts, the respondent has filed
Family Suit No.164 of 2022 under Section 13(1)(ib) of the
Hindu Marriage Act for divorce before the learned Family Court,
Anand.
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. 164 of 2022 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 50 kms. from
Vadodara to Anand along with her minor son.
5. Mr. Bhavin Satwara, learned advocate for the respondent
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C/MCA/1173/2023 ORDER DATED: 29/09/2023
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has no objection if the present application is allowed and
transfer the Family Suit No. 164 of 2022 pending before the
Family Court, Anand to learned Family Court, Vadodara.
6. Heard learned advocate Harshit Purohi for the petitioner
and Mr. Bhavin Satwara, learned advocate for the respondent.
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 mother
at parental home. She is keeping minor son 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 Vadodara but, Family Suit is pending at Family Court,
Anand.
8. Learned advocate for the petitioner would submit that
Vadodara is 50 kms. apart from Anand. On every date, the
petitioner has to come from Vadodara to Anand 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, Anand to Family Court,
Vadodara,the petitioner shall not seek expenses for
transportation she had borne for attending the proceedings.
Upon such submissions, he requested to allow the petition.
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C/MCA/1173/2023 ORDER DATED: 29/09/2023
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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 Vadodara to Anand is quite difficult
as both cities apart 50 kms. It is difficult for the lady to attend
proceedings at Family Court, Anand. One may also keep in
mind that son is 8 years old. 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.164 of 2022
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)
BEENA SHAH
