Priyanka W/O Dhruvkumar Mehta D/O ... vs Dhruvkumar Nitinkumar Mehta
2023 Latest Caselaw 7181 Guj

                                                                                 NEUTRAL CITATION




      C/MCA/1389/2023                             ORDER DATED: 29/09/2023

                                                                                 undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1389 of 2023
==========================================================
PRIYANKA W/O DHRUVKUMAR MEHTA D/O GIRISHBHAI CHAMPAKBHAI
                         DESAI
                         Versus
              DHRUVKUMAR NITINKUMAR MEHTA
==========================================================
Appearance:
SUREN B PATEL(8420) for the Applicant(s) No. 1
MR NAUMAN S QURESHI(10669) for the Opponent(s) No. 1
MR SHAKEEL A QURESHI(1077) for the Opponent(s) No. 1
==========================================================
 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 H.M.P. No. 301 of 2023 pending before the learned Family Court, Surat to learned Family Court,Rajkot inter alia on the ground of convenience.

2. The brief facts of the present case are as under:

2.1 That, the petitioner got married with respondent on 22.1.2017. Thereafter, the petitioner started co-habiting with opponent and his family at her matrimonial house situated at Surat. Out of the said wedlock, a girl child was born (at present aged about 2 years). However, due to constant physical and mental torture and continuous harassment by the respondent and his family members, on 20.11.2022, she was compelled to leave her matrimonial house along with her daughter. Thereafter, the petitioner was shocked to receive the

NEUTRAL CITATION

C/MCA/1389/2023 ORDER DATED: 29/09/2023

undefined

notice of HMP No. 301 of 2023 from the Family Court, Surat .The respondent has initiated such proceedings at Surat only with a view to harass the applicant and her aged parents. After appointing a lawyer it would be difficult for the petitioner to visit Surat all alone with her daughter for the purpose of attending the Court proceedings and same would also increase hardship not only mentally but also monetary to the petitioner especially when the petitioner is not receiving any amount of maintenance from her husband.

3. In background of above facts, the respondent has filed Hindu Marriage Petition No. 301 of 2023 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Family Court,Surat.

4. In view of above, the petitioner has approached this Court under section 24 of the Code of Civil Procedure seeking relief to transfer Hindu Marriage Petition No. 301 of 2023 from learned Family Court, Surat to learned Family Court, Rajkot inter-alia on the ground that she is facing difficulty to attend proceedings at Family Court, Surat as she has to travel 450 kms. from Rajkot to Surat along with her daughter.

5. Heard learned advocate Mr.Suren Patel for the petitioner and Mr. Nauman Qureshi, learned advocate for the respondent.

6. Learned advocate for the respondent submits that the respondent has no objection if transfer the Hindu Marriage Petition No. 301 of 2023 from learned Family Court, Surat to learned Family Court, Rajkot.

NEUTRAL CITATION

C/MCA/1389/2023 ORDER DATED: 29/09/2023

undefined

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 Rajkot along her parents at parental home. She is keeping minor daughter with her.

7. Learned advocate for the petitioner would submit that Rajkot is 450 kms apart from Surat. On every date, the petitioner has to come from Rajkot 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 Hindu Marriage Petition only on the ground of inconvenience she is facing. Learned advocate for the petitioner would further submit that in case HMP No. 301 of 2023 is transferred from Family Court, Surat to Family Court, Rajkot, 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 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

NEUTRAL CITATION

C/MCA/1389/2023 ORDER DATED: 29/09/2023

undefined

levelled against Judicial Officers. Thus convenience as stated earlier must be considered more particularly in background of the fact that travelling from Rajkot to Surat is quite difficult as both cities apart 450 kms. It is difficult for the lady to attend proceedings at Family Court, Surat. One may also keep in mind that daughter is 2 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. HMP No. 301 of 2023 pending at learned Family Court, Surat is hereby transferred to Family Court, Rajkot for disposal in accordance with law.

Direct service is permitted.

(J. C. DOSHI,J) BEENA SHAH