MCA/3132/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 3132 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 ? ========================================================= SMITA SIMON MACWAN - Applicant(s) Versus SANJAY JOSEPH MACWAN - Opponent(s) ========================================================= Appearance : MR PM LAKHANI for Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,MR RI SHARMA for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. Present petition is filed by the petitioner – wife under sec.24 of the Code of Civil Procedure to transfer Suit No. MCA/3132/2007 2/3 JUDGMENT 11 of 2007 from the court of learned Principal District Judge, Anand to the Family Court, Ahmedabad. 2. It is the submission on behalf of the petitioner that she is wife and due to matrimonial dispute and as she was driven out, she has to reside at Ahmedabad and only with a view to harass the petitioner, the proceedings have been initiated by the respondent in the court at Anand. It is submitted that it will not be convenient for the petitioner to travel to Anand on every date of adjournment and as she has no independent income, even financially also it is not possible for the petitioner to attend the proceedings at Anand and therefore, it is requested to transfer the proceedings from the Court at Anand to the Family Court, Ahmedabad. The learned advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of Sumita Singh V/s. Kumar Sanjay and another, reported in AIR 2002 S.C. 396, in support of his prayer to allow the present petition. 3. Though served, the respondents have chosen not to appear before this Court either personally or through advocate. 4. Having heard the learned advocate appearing on behalf MCA/3132/2007 3/3 JUDGMENT of the petitioner and considering the records, it appears that the petitioner – wife is residing at Ahmedabad and the proceedings of Suit No.11 of 2007 have been initiated by the respondents in the court at Anand. It also appears that the petitioner has no independent source of income and it will not be possible for the petitioner wife to attend the proceedings at Anand on every date of adjournment. As observed by the Hon'ble Supreme Court in the case of Sumita Singh (supra), in a matrimonial proceedings, the convenience of the wife is required to be considered. Considering the above, the petition deserves to be allowed. 5. For the reasons stated above, the petition succeeds. It is hereby ordered to transfer Suit No. 11 of 2007 from the court of learned Principal District Judge, Anand to the Family Court, Ahmedabad. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik