Gujarat High Court
Mehulbhai Kanubhai Vaghela vs Neeta W/O Mehul Kanubhai Vaghela D/O ... on 7 May, 2025
NEUTRAL CITATION
C/MCA/1267/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1267 of 2025
In R/MISC. CIVIL APPLICATION NO. 2639 of 2024
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MEHULBHAI KANUBHAI VAGHELA
Versus
NEETA W/O MEHUL KANUBHAI VAGHELA D/O JEEVANBHAI
HEERABHAI BATHWAR
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Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1
MR D S GADHVI(11310) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 07/05/2025
ORAL ORDER
1. The present application is filed by original opponent
seeking review of the order passed by this Court on 21st
February 2025 in Miscellaneous Civil Application (for Transfer)
No.2639 of 2024.
2. Heard learned councel Mr.Bhunesh C. Rupera for the
applicant and Mr.D.S.Gadhavi for the opponent.
3. The applicant herein happens to be the husband of the
opponent, who has instituted Family Suit No.2088 of 2024
against the opponent before Family Court Ahmedabad, which
NEUTRAL CITATION
C/MCA/1267/2025 ORDER DATED: 07/05/2025
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was transferred to Family Court Jamnagar by this Court vide
its order dated 21st February 2025 allowing the transfer
application of the opponent.
4. The applicant, having come to know the aforesaid order,
filed this application seeking review of the aforesaid order on
the ground that he was not duly served with the notice of this
Court in the aforesaid transfer application. It was the
complaint of the applicant that fixation of notice by bailiff on
a conspicuous part of his house was not in accordance with
law. So, according to the applicant, he was not duly served,
thereby not given an opportunity to defend the transfer
application, hence, the present application.
5. This Court has allowed learned advocate Mr. Rupera
appearing for applicant - original opponent to address on
merits of the matter whereby he has made following
submissions.
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5.1 Learned counsel Mr. Rupera would submit that the
applicant happens to be the husband of the opponent. He is
ready to pay and bear the transportation allowance of the
opponent to travel from Jamnagar to Ahmedabad for attending
Family Suit instituted by the applicant against her.
5.2 Learned counsel Mr. Rupera would submit that the
applicant is serving in a private job and it would cause more
inconvenience to the applicant to attend the proceeding now
transferred to Family Court Jamnagar instituted by him.
5.3 Learned counsel Mr. Rupera would submit that as
such, due to fault on the part of the opponent, the applicant
was constrained to file divorce proceedings against her, which
is now ordered to be transferred to Family Court Jamnagar.
5.4 Lastly, learned counsel Mr. Rupera would submit that
due to poor financial condition, the applicant could not clear
the arrears of maintenance which was ordered against him by
Family Court Jamnagar, but the same may not be a ground to
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C/MCA/1267/2025 ORDER DATED: 07/05/2025
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order transfer of his application from Family Court,
Ahmedabad to Family Court Jamnagar.
6. Per contra, learned counsel Mr. D.S. Gadhavi appearing
for the opponent - original applicant would submit that as
such, the applicant was duly served with the notice of transfer
application and having come to know about proceedings
instituted by the opponent against the applicant before this
Court, he could have easily appeared and participated in such
proceedings but conveniently avoided the same till final
outcome of such proceedings.
6.1 Learned counsel Mr. Gadhavi would further submit
that there is no error as such apparent on the face of record
committed by this Court whereby no interference is required
in the order passed by this Court.
6.2 Learned counsel Mr. Gadhavi would submit that
distance between Jamnagar to Ahmedabad is around 300
kilometers in one go, and applicant having failed to pay
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C/MCA/1267/2025 ORDER DATED: 07/05/2025
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maintenance amount and arrears which is amounting to more
than Rs.1,00,000/-, it would cause great hardship and
inconvenience to the opponent to attend the proceeding of
Family Court Ahmedabad instituted by the applicant.
6.3 Learned counsel Mr. Gadhavi would submit that the
applicant having failed to clear the arrears of maintenance and
as such, he is not paying regular maintenance to opponent
herein, it would not be out of place to mention that he would
not pay travelling expenses to her.
6.4 Lastly, learned counsel Mr. Gadhavi would submit that
maintenance proceedings and arrears of recovery proceedings
are pending before Family Court Jamnagar against the
applicant, wherein the applicant is required to attend such
proceedings, there is no need to interfere with and/or review
the order passed by this Court on 21st February 2025 whereby
this Court has allowed the transfer application so filed by the
opponent.
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C/MCA/1267/2025 ORDER DATED: 07/05/2025
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7. Having heard the learned counsel appearing for the
respective parties and after going through the order dated 21st
February 2025 as well as documents which are submitted with
the transfer application, it appears that the applicant was
ordered to pay maintenance of Rs.5,000/- to the opponent -
wife by Family Court Jamnagar vide its judgment and order
dated 12.12.2022, but it appears that the applicant has failed
to pay such amount whereby the opponent herein had been
constrained to file an application under Section 125(3) of
Criminal Procedure Code, 1973 before Family Court Jamnagar
being Criminal Miscellaneous Application No.107 of 2024,
wherein arrest warrant has been issued on 17th September,
2024.
8. Prima facie, the applicant is not paying regular
maintenance to the opponent, thereby his say that he will pay
transport allowance to the opponent for attending proceedings
which have been filed before the Family Court Ahmedabad
cannot be considered, as his conduct speaks otherwise.
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9. Furthermore, the distance between Ahmedabad to
Jamnagar is around 300 kilometers in one go and absence of
financial support not received by her since long from the
applicant herein, it would cause great hardship and
inconvenience to the opponent herein to attend the proceeding
at Family Court Ahmedabad.
10. Lastly, so far as service of notice of transfer application
is concerned, bailiff report clearly suggests that notice was
affixed on conspicuous part of the house of applicant herein as
it was found closed because applicant herein went out from
his home and not available between 9:00 AM to 8:00 PM. As
such, it is not the case of applicant that bailiff has not affixed
the notice of transfer application on the conspicuous part of
his house, it would be assumed that applicant was aware
about such transfer proceeding instituted by the opponent
before this Court.
11. Thus, in view of the aforesaid peculiar facts and
circumstances of the case, the applicant has failed to show
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any apparent error on the face of record committed by this
Court while allowing the aforesaid transfer application filed by
the opponent herein. Even otherwise, there is no substance
found in the submissions of applicant.
12. In view of the aforesaid, the present application is found
meritless and required to be rejected, which is hereby
REJECTED. No order as to costs.
(MAULIK J.SHELAT,J)
MOHD MONIS
