SCA/29600/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29600 of 2007 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 ? ========================================================= PRITIBEN @ (TINA) LAXMICHAND PREMLAL KADEL & W/O HITESH - Petitioner(s) Versus HITESHKUMAR RAMESHCHANDRA SONI - Respondent(s) ========================================================= Appearance : MR SL VAISHYA for Petitioner(s) : 1, MR HEMAL A DAVE for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/07/2008 ORAL JUDGMENT 1. Leave to convert the present Special Civil Application into the Misc. Civil Application under Section 24 of the Civil Procedure Code. SCA/29600/2007 2/4 JUDGMENT 2. The present application is filed by the applicant wife under Section 24 of the Civil Procedure Code for appropriate orders to transfer H.M.P.No.75 of 2006 pending in the court of learned Civil Judge (Senior Division), Godhra to the court of learned Principal Civil Judge (Senior Division), Palanpur, District Banaskantha. 3. Heard Mr.S.L.Vaishya, learned advocate appearing for the applicant and Mr.Dave, learned advocate appearing for the respondent husband. With the consent of learned advocates for the respective parties, the application is taken up for final hearing. 4. It is the contention on behalf of the applicant wife that she is residing at Palanpur after she was driven out by the respondent husband and with a view to harass the applicant, the respondent has filed H.M.P.No.75 of 2006 in the court of learned Principal Civil Judge, Godhra. It is submitted that as such even the applicant was required to file the criminal complaint against the respondent at Palanpur City Police Station. It is further submitted that even the applicant had filed the maintenance application in the court of learned Chief Judicial Magistrate, Palanpur under Section 125 of the Criminal Procedure Code. It is submitted that looking to the distance between Godhra and Palanpur, it is not possible for the applicant to attend the SCA/29600/2007 3/4 JUDGMENT proceedings at Godhra on each date of adjournment. It is also submitted that as the applicant is unemployed has no independent income and it is not possible for the applicant to meet with the expenditure while travelling to Godhra. Therefore, it is requested to transfer the proceedings from Godhra to Palanpur. Learned advocate appearing for the applicant has heavily relied upon the decision of the Hon'ble Supreme Court in the case of Sumita Singh V/s Kumar Sanjay reported in AIR 2002 SC 396. 5. The application is opposed by Mr.Dave, learned advocate appearing on behalf of the respondent husband. It is submitted that as such it is the husband who is constrained to initiate the proceedings for restitution of conjugal rights as the applicant has left her house without any reasonable cause and, therefore, it is requested to dismiss the present application. 6. Heard learned advocates for the respective parties. 7. It is not in dispute and even so stated in the cause title of H.M.P.No.75 of 2006 filed by the husband that the applicant wife is residing at Palanpur. Godhra where the proceedings are pending is at the long distance. It is averred that the applicant has no independent income and is residing at her parental house. As observed by the Hon'ble Supreme Court in the case of Sumita Singh (supra), it SCA/29600/2007 4/4 JUDGMENT is the wife's convenience that must be looked at in matrimonial proceedings and Section 24 of the Civil Procedure Code. Considering the above, the application requires to be allowed. 8. For the reasons stated above, the application succeeds. It is ordered to transfer H.M.P.No.75 of 2006 from the court of learned Principal Civil Judge, Godhra to the court of learned Principal Civil Judge (Senior Division), Palanpur, District Banaskantha. Rule is made absolute accordingly. No costs. ( M.R.Shah, J ) pathan