MCA/1979/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1979 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 ? ========================================================= RADHIKABEN CHIRAGBEN MEHTA - Applicant(s) Versus CHIRAGKUMAR RAMESHCHANDRA MEHTA & 1 - Opponent(s) ========================================================= Appearance : MS ARCHANA R ACHARYA for Applicant(s) : 1, MR AMRISH K PANDYA for Opponent(s) : 1, MR VIPUL MISTRY ASST.GOVERNMENT PLEADER for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. RULE. Mr.Amrish Pandya, learned advocate and Mr.Vipul Mistry, learned Asst. Government Pleader, waive the service of notice of admission on behalf of the respondent Nos.1 and 2 respectively. MCA/1979/2007 2/5 JUDGMENT 2. With the consent of the learned advocate appearing on behalf of the respective parties, the matter is taken up for final hearing today. 3. Present petition under sec.24 of the Code of Civil Procedure is filed by the petitioner – wife for an appropriate order to transfer Hindu Marriage Petition No. 598 of 2007 from the court of learned 4th Judge, Family Court, Ahmedabad to the Competent Court having jurisdiction at City Bharuch, District Bharuch. 4. It is the contention on behalf of the petitioner that she has married with the respondent No.1 on 28/1/2005 and she came to Ahmedabad at her matrimonial house and thereafter, the respondent No.1 and his family members, more particularly, mother-in-law of the petitioner started ill-treating the petitioner mentally and physically and therefore, she was compelled to leave her matrimonial house and since then she is residing at Bharuch at her parents house. It is further submitted that thereafter, the petitioner was constrained to file Criminal Misc. Application No.224 of 2007 before the Chief Judicial Magistrate, Bharuch seeking maintenance under sec.125 of the Code of Criminal Procedure. It is further submitted that as a counter blast, the respondent No.1 MCA/1979/2007 3/5 JUDGMENT husband has filed suit for dissolution of marriage being Hindu Marriage Petition No. 598 of 2007 in the Family Court at Ahmedabad. It is submitted that the petitioner is residing with her aged parents and she has never travelled alone. It is submitted that the father fo the petitioner is aged about 70 years and is not capable to travel from Bharuch to Ahmedabad to give company to the petitioner to attend the proceedings on every date of adjournments. It is also submitted that the petitioner is dependent on her parents and has no independent source of income. It is submitted that it is not convenient for the petitioner to attend the proceedings in the Family Court at Ahmedabad on every date of adjournment. It is submitted that financially also it is not possible for the petitioner to meet with the expenditure of coming to Ahmedabad. Therefore, it is requested to allow the present petition and transfer the proceedings in question to the Civil Court at Bharuch. 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. MCA/1979/2007 4/5 JUDGMENT 5. The petition is opposed by Mr.Amrish Pandya, learned advocate appearing on behalf of the respondent husband. It is submitted that in the facts and circumstances of the case and when the respondent is residing at Ahmedabad, the proceedings may not be transferred to the Court at Bharuch. 6. Heard the learned advocate appearing on behalf of the respective parties. 7. It appears that the petitioner wife is residing at Bharuch with her parents. According to the petitioner, the petitioner was compelled to leave her matrimonial house. It appears that the petitioner in first point of time has initiated proceedings under sec.125 of the Code of Criminal Procedure in the Court at Bharuch and thereafter as a counter blast the respondent No.1 husband has filed Hindu Marriage Petition No.598 of 2007 in the Family Court, Ahmedabad. It is the contention on behalf of the petitioner wife that looking to the distance between the Bharuch and Ahmedabad, it will not be possible for the petitioner to attend the proceedings pending in the Family Court at Ahmedabad on every date of adjournment and as the petitioner has no independent source of income, it will not be possible for the petitioner MCA/1979/2007 5/5 JUDGMENT to meet with the expenditure of travelling to Ahmedabad on every date of adjournment. As observed by the Hon'ble Supreme Court in the case of Sumita Singh (supra), in a matrimonial proceedings while considering sec.24 of the Code of Civil Procedure, convenience of the wife is required to be considered. Considering the above, the petition deserves to be allowed. 8. For the reasons stated above, the petition succeeds. It is hereby ordered to transfer Marriage Petition No.598 of 2007 from the court of learned 4th Judge, Family Court, Ahmedabad to the District Court, Bharuch and in turn the District Judge, Bharuch to transfer the said proceedings to the competent court having jurisdiction in Bharuch. 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