MCA/915/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 915 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 ? ========================================= = LATABEN @ SHVETABEN BHARATBHAIVAGASHIYA (PATEL) - Applicant(s) Versus BHARATBHAI KARAMSHIBHAI VAGASHIYA - Opponent(s) ========================================= = Appearance : MR MAHENDRA U VORA for Applicant(s) : 1, NOTICE SERVED BY DS for Opponent(s) : 1, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 11/07/2008 ORAL JUDGMENT 1. The present application is filed by the applicant under Section 24 of the Civil Procedure Code for appropriate order of transferring proceedings of H.M.P. No. 168/2007, pending with MCA/915/2008 2/4 JUDGMENT the Court of learned Civil Judge (Senior Division), Surat to Family Court, Ahmedabad. 2. It is averred in the application that the applicant is the wife and she has a son, who is residing with her at Ahmedabad. It is submitted that due to harassment and ill treatment by the opponent-husband, the applicant was constrained to file Criminal complaint at Bapunagar Police Station, Ahmedabad against the opponent-husband for the offences punishable under Sections 498(A), 294(B) and 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, which came to be disposed of by the learned Criminal Court. It is further submitted that thereafter the applicant had filed H.M.P. No. 779/2007 for divorce against the opponent-husband in the Family Court at Ahmedabad, which is pending. 3. It is submitted that with a view to harass the applicant, the opponent had filed H.M.P. No. 168/2007 under Section 9 of the Hindu Marriage Act in the Court of learned Civil Judge (Senior Division), Surat. It is submitted that the applicant is residing at her parents house at Ahmedabad and she has no independent source of income and she being a lady, it will be more difficult for the applicant to go to Surat on each and every date of adjournment. It is submitted that even otherwise looking to the financial position of the father of the petitioner, who is plying a Rickshaw, it is not possible for the applicant to meet with the expenses for traveling to Surat on each and every date. Therefore, it is request to allow the present application. 4. Learned advocate appearing on behalf of the applicant MCA/915/2008 3/4 JUDGMENT 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. It is submitted that as observed by the Hon'ble Supreme Court, it is the convenience of the wife that must be looked at. 5. Though served, nobody appears on behalf of the opponent. 6. It is not in dispute that some proceedings are pending initiated by the applicant against the opponent in the Family Court at Ahmedabad. It is not in dispute that at present the applicant is residing with her parents at Ahmedabad. It is the contention on behalf of the applicant that she being a lady it is not possible for the applicant to go to Surat and attend the Court on each date. It is submitted that the father of the applicant is plying a Rickshaw and it is not possible for her to meet with the expenses for traveling to Surat on each and every date. As held by the Hon'ble Supreme Court in the case of SUMITA SINGH Vs KUMAR SANJAY (supra), it is the convenience of the wife that must be looked at in the matrimonial proceedings. 7. Under the circumstances and the facts narrated hereinabove, the present Miscellaneous Civil Application is required to be allowed. H.M.P. No. 168/2007, pending with the learned Civil Judge (Senior Division), Surat be transferred to Family Court, Ahmedabad. With this, the present Miscellaneous Civil Application is allowed. Rule made absolute accordingly. MCA/915/2008 4/4 JUDGMENT (M.R. SHAH, J.) siji