MCA/1385/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1385 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 ? ========================================= = MAYABEN DIPAKBHAI JOSHI - Applicant(s) Versus DIPAKKUMAR RAMESHCHANDRA JOSHI - Opponent(s) ========================================= = Appearance : MR NP CHAUDHARY for Applicant(s) : 1, MR TUSHAR CHAUDHARY for Applicant(s) : 1, MR DM DEVNANI for Opponent(s) : 1, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. The present application under Section 24 of the Civil MCA/1385/2008 2/4 JUDGMENT Procedure Code is filed by the applicant-wife, Mayaben Dipakbhai Joshi, to transfer H.M.P. No. 10/2004, pending in the Court of learned Principal Senior Civil Judge, Dahod to learned Civil Court, Palanpur. 2. It is the contention on behalf of the applicant that she married the opponent-husband on 17/06/1982 and in that wedlock they have three children. It is submitted that after a period of twenty years, the opponent-husband preferred divorce petition, being H.M.P. No. 16/2001, under Section 13 of the Hindu Marriage Act in the Court of learned Civil Judge (Senior Division), Godhra, which on establishment of the Dahod Court, came to be transferred to the learned Principal Senior Civil Judge, Dahod. It is submitted that the applicant was driven out from her matrimonial home and for her livelihood, she has preferred Criminal Miscellaneous Application No. 33/2001 in the Court of learned Judicial Magistrate First Class, Palanpur under Section 125 of the Code of Criminal Procedure for maintenance. It is submitted that the applicant is a permanent resident of Palanpur and the distance between Dahod and Palanpur is approximately 625 kms. The applicant, being a lady, it is inconvenient for her to travel such a long distance and financially also it is not possible for her to meet with the expenses. It is submitted that on the way to Dahod, one has to pass through the tribal area, and it is not safe for the applicant to travel to Dahod all alone. Therefore, it is requested to transfer the proceedings from Dahod to Palanpur Court. 3. Learned advocate appearing on behalf of the applicant has heavily relied upon the decision of the Hon'ble Supreme MCA/1385/2008 3/4 JUDGMENT Court in the case of SUMITA SINGH Vs KUMAR SANJAY reported in AIR 2002 SC 396. It is submitted that as observed by the Hon'ble Supreme Court, it is the convenience of the wife that must be looked at. 4. This application is opposed by Shri D.M. Devnani, learned advocate appearing on behalf of the opponent. It is submitted that the present application is filed only with a view to put the opponent-husband in trouble. It is submitted that he has a responsibility to take care of his mother and sister, who is mentally retarded and there should be somebody to look after her. It is further submitted that the applicant-wife belongs to a middle class family, and, therefore, she can manage the travelling expenses. It is therefore requested to dismiss the present application. 5. Heard the learned advocates for the respective parties. It is required to be noted that the proceedings have been initiated by the opponent-husband in the year 2001 at Godhra, District Panchmahal and the applicant has initiated the proceedings at Palanpur Court under Section 125 of the Criminal Procedure Code, being Criminal Miscellaneous Application No. 33/2001. It is not in dispute that the applicant- wife is residing at Palanpur and the distance between Palanpur and Dahod is approximately 625 kms. It is to be noted that Dahod, where the proceedings are pending, is a tribal area and it is not safe for the applicant to travel to Dahod all alone, being a lady. As held by the Hon'ble Supreme Court in the case of SUMITA SINGH Vs KUMAR SANJAY (supra), in the matrimonial proceedings, under Section 24 of the Civil Procedure Code, it is the convenience of the wife that must be MCA/1385/2008 4/4 JUDGMENT looked at. 6. For the reasons stated hereinabove, the present Miscellaneous Civil Application is required to be allowed. H.M.P. Case No. 10/2004, pending in the Court of learned Principal Senior Civil Judge, Dahod is hereby ordered to be transferred to the learned Civil Court, Palanpur. With this, the present Miscellaneous Civil Application is allowed. Rule made absolute accordingly. There shall be no order as to costs. (M.R. SHAH, J.) siji