MCA/339/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 339 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = SUNANDABEN SANJAY PATIL - Applicant(s) Versus SANJAY NARAYAN PATIL - Opponent(s) ========================================= = Appearance : MR.B K.RAJ for Applicant(s) : 1, MR NV GANDHI for Opponent(s) : 1, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 11/07/2008 ORAL JUDGMENT 1. RULE. Shri N.V. Gandhi, learned advocate waives service MCA/339/2008 2/3 JUDGMENT of rule for the opponent. 2. The present application under Section 24 of the Civil Procedure Code is filed by the applicant-wife to transfer H.M.P. No. 1/2006, pending with the learned Principal Senior Civil Judge, Bardoli, District Surat to the District Court, Vadodara. 3. It is the contention on behalf of the applicant that she is permanently residing at Vadodara and that the opponent- husband has preferred H.M.P. No. 1/2006 in the Court at Bardoli only with a view to harass the applicant. It is submitted that distance between Bardoli and Vadodara is 200 kms from the place where she is residing at Vadodara and it will not be possible for the applicant, being a lady, to travel to Bardoli on each and every adjournment. It is also further submitted that the applicant is residing at Vadodara at her parents place as she is driven away. It is submitted that even financially also, it is not possible for the applicant to meet with the expenses for traveling to Bardoli on each date. Shri B.K. Raj, learned advocate appearing on behalf of the applicant has relied upon the decision of the Hon'ble Supreme Court in the case of SUMITA SINGH Vs KUMAR SANJAY reported in AIR 2002 SC 396 in support of his prayer to transfer H.M.P. No. 1/2006 to Vadodara. 4. Shri N.V. Gandhi, learned advocate appearing on behalf of the opponent has opposed the present application and an affidavit-in reply is filed. It is submitted that the present application has been filed by the applicant to harass the opponent, who is serving as a Police Constable. It is submitted that all the witnesses are residing at Bardoli or near Bardoli MCA/339/2008 3/3 JUDGMENT and, therefore, it is requested not to transfer the H.M. P. No. 1/2006. 5. Heard the learned advocates for the respective parties. It is not in dispute that the applicant is the wife of the opponent and there is a matrimonial dispute between the applicant and the opponent. It is not in dispute that the applicant is residing at Vadodara at her parents place. In the case of SUMITA SINGH Vs KUMAR SANJAY (supra), the Hon'ble Supreme Court has observed that it is the convenience of the wife that must be looked at. 6. Under the circumstances and considering the facts narrated hereinabove, which are sufficient to make the transfer application absolute, the present Miscellaneous Civil Application is required to be allowed. 7. Accordingly, the application is allowed and it is ordered that H.M.P. No. 1/2006, pending in the Court of learned Principal Senior Civil Judge, Bardoli, District Surat be transferred to the District Court, Vadodara and in turn the learned District Judge, Vadodara is directed to transfer the said proceeding to any other Court under its jurisdiction. The application is allowed. Rule is made absolute accordingly. (M.R. SHAH, J.) siji