Gujarat High Court

Parul Pratikkumar Patel D/O Dilipbhai ... vs Pratikkumar Rohitbhai Patel on 30 June, 2025

                                                                                                                      NEUTRAL CITATION




                            C/MCA/2454/2024                                           ORDER DATED: 30/06/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2454 of 2024

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                           PARUL PRATIKKUMAR PATEL D/O DILIPBHAI ATMARAM PATEL
                                                                Versus
                                              PRATIKKUMAR ROHITBHAI PATEL
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                     Appearance:
                     MR MANOJKUMAR B PATEL(10722) for the Applicant(s) No. 1
                     MR VISHAL P GORI(10350) for the Applicant(s) No. 1
                     SUDHANSHU A JHA(8345) for the Applicant(s) No. 1
                     MR DH RAHEVAR(2165) for the Opponent(s) No. 1
                     ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                         Date : 30/06/2025

                                                           ORAL ORDER

1. Heard learned Advocate Mr. Sudhanshu A. Jha for the

petitioner and learned Advocate Mr. D. H. Rahevar for the

applicant.

2. The present application is filed under Section-24 of Civil

Procedure Code, seeking the following reliefs:

"(A) This Hon'ble Court may be pleased to admit and allow this application.

(B) This Hon'ble Court may be pleased to transfer the Family Suit No. 1673 of 2020 filed by the respondent before the Ld. Family Court, Ahmedabad to Ld. Family Court - Vadodara;

(C) Pending hearing and final disposal of this application, this Hon'ble Court may be pleased to stay the proceedings of the Family Suit No.1673 of 2020 pending before the Ld. Family Court, Ahmedabad;

(D) This Hon'ble Court may be pleased to grant any other and further reliefs,

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as the nature and circumstances of the present case may require."

3. The parties will be referred to as per their original position

before the Trial Court.

4. The short facts of the case appear to be that:

4.1. The applicant happens to be the wife of opponent, who

instituted Family Suit No. 1673 of 2020 at the Family Court,

Ahmedabad, seeking a divorce from the applicant under

Section-13 of the Hindu Marriage Act. It is the case of

applicant that she is residing at Vadodara with her daughter

and thereby, it would cause very inconvenience and hardship

to the applicant to attend the proceedings at Ahmedabad.

4.2. It is further alleged that pursuant to the order of

maintenance passed by the Trial Court at Padra, District

Vadodara, instead of granting Rs.10,000/- p.m. as

maintenance, the Trial Court has awarded only Rs.7,500/-

p.m. as maintenance, against which a revision has been filed

before the Appellate Court, Vadodara, which is pending for

adjudication and required to be attended by the opponent at

Vadodara.

4.3. It is further the case of applicant that the distance between

Vadodara and Ahmedabad is around 110 km, which is too far

a distance to attend the proceedings instituted by the

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opponent against her. With this background of facts, the

present application is filed.

5. Submissions on behalf of the applicant:

5.1. Learned Advocate Mr. Jha appearing for the applicant would

submit that as per the facts which are stated in the

application and noticed by this Court, the prayer made by the

applicant may be accepted in the interest of justice.

5.2. Learned Advocate Mr. Jha would further submit that as per

settled legal position of law, the convenience of the wife is a

paramount consideration for transferring the matter while

adjudicating Section-24 application at the instance of

applicant-wife.

5.3. Learned Advocate Mr. Jha would rely upon the decision of

Hon'ble Supreme Court of India in the case of N.C.V.

Ashwarya V/s. A. S. Saravana Karthik Shah reported in

2022 LiveLaw (SC) 627.

5.4. Learned Advocate Mr. Jha would candid in his submission

that though it has been alleged in the application that minor

daughter is residing with the applicant, but in fact, she is

residing with the opponent.

5.5. So, in view of the aforesaid, he would request this Court to

allow the present application.

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6. Submissions on behalf of the respondent:

6.1. Per contra, learned Advocate Mr. Rahevar appearing for the

opponent would submit that there is an incorrect statement

made by applicant in her application that minor daughter is

residing with her, but in fact, it is clearly stated in the

judgment and order dated 13th May, 2024, passed by the

learned Judicial Magistrate First Class, Padra, District

Vadodara, in Criminal Misc. Application No.236 of 2021 filed

under Section-125 of Cr.P.C., that the minor daughter is

residing with the opponent, who is not only taking care of her

but also looks after all her expenses. Thus, no order of

maintenance qua minor daughter was ordered by court

concern. It is submitted to make such a false and incorrect

statement, application may be rejected.

6.2. Learned Advocate Mr. Rahevar would further submit that so

far as the institution of the revision by applicant against the

opponent is concerned, the same would be taken care by his

lawyer and for which, the personal attendance of opponent is

not required before the Appellate Court concerned.

6.3. Learned Advocate Mr. Rahevar would submit that

considering the fact that minor daughter is residing with

opponent, whose care is required to be taken by opponent

and considering the distance between Vadodara and

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Ahmedabad is hardly 100 km one go, this Court may not

exercise its discretion in favour of the applicant as no

hardship and or inconvenience would cause to the applicant.

6.4. So, making the above submissions, he would request this

Court to reject the suit.

7. No other and further submissions are made by the learned

Advocates appearing for the respective parties.

ANALYSIS

8. The facts which are noticed hereinabove are not in dispute.

The applicant is getting monthly maintenance of Rs.7,500/-

regularly from the opponent without any default. Minor

daughter of applicant/opponent is residing with the

opponent, being the father, who is not only taking care of his

daughter but also looks after her educational and other day-

to-day needs. As a father who is required to grow up a minor

daughter alone, it would be a difficult task, distance between

Ahmedabad to Vadodara is hardly 100 kms and there are

different/frequent mode of conveyance available, and in that

factual situation, this Court is requires to consider the

greater hardship and inconvenience to which party.

9. It is true that ordinarily, the place of residence of the wife is

required to be considered while exercising the power under

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Section-24 of CPC, as the inconvenience to the female

applicant needs to be taken care of in a society in which we

are living i.e. India. At the same time, due to technological

advancement, all family courts which are in existence in the

State of Gujarat, including Ahmedabad, is having video-

conference facilities. It is not the case on hand that the

applicant cannot join herself through video-conference and

could not avail herself such a facility. Apart from that under

free legal aid, whereby she can engage a lawyer free of cost

who will represent her in the subject suit. Whereas, the

opponent has already instituted the family suit in the year

2020 and it is reported to this Court that the opponent has

filed an affidavit in lieu of examination-in-chief, who will have

to be cross-examined by the applicant. As such, subject suit

has progressed and reach half way mark. The opponent is

required to look after minor daughter who cannot left alone

by him @ Ahmedabad if he forces to attend proceeding at

Vadodara if subject order to be transferred to Vadodara from

Ahmedabad. Per Contra, if applicant attend proceeding at

Ahmedabad, she will have chance to meet her daughter if she

really desire to see and meet her.

10. So far as the decision of Hon'ble Apex Court in the case of

N.C.V. Ashwarya (supra) is concerned, there is no cavil

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about the broad proposition laid down by the Hon'ble

Supreme Court, but it cannot be a straitjacket formula that in

every case where a wife resides at such a place, proceedings

are required to be transferred. There are other facts/factors

which are also required to be taken note of and were in fact

observed by the Hon'ble Apex Court in the very same

judgment. It would be profitable to refer to such

observations, which reads as under:

"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

(emphasis supplied)

11. So, considering the totality of the aforesaid facts and

circumstances of the present case, coupled with the fact that

the applicant is getting regular maintenance from the

opponent without any default and the opponent is also

required to take care of his minor daughter, including her

studies, this Court does not find merit in the prayer made by

the applicant, inasmuch as the applicant can always appear

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through video-conference to attend the proceedings unless