MCA/939/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 939 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 ? ========================================================= KALPANA JITENDRA SONAVANE D/O DHANSING.H.KHERNARE - Applicant(s) Versus JITENDRA HIRALAL SONAVANE - Opponent(s) ========================================================= Appearance : MS MEGHA R CHITALIA for Applicant(s) : 1, MEENA VYAS for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 17/07/2008 ORAL JUDGMENT 1. The present application is filed by the applicant wife under Section 24 of the Civil Procedure Code to transfer H.M.P.No.751 of 2006 filed MCA/939/2007 2/4 JUDGMENT by the respondent husband from the Family Court, Ahmedabad to the Civil Court (S.D.), Vadodara. 2. It is the contention on behalf of the applicant wife that after the applicant was driven out by the respondent husband as she could not fulfill the demand of dowry, she filed the application for maintenance before learned J.M.F.C., Vadodara under Section 125 of the Criminal Procedure Code and thereafter the order was passed by the learned trial Court to pay maintenance to her. It is submitted that even till date, she has not been paid any amount towards maintenance. It is submitted that with a view to harass the applicant, the respondent husband has filed H.M.P.No.751 of 2006 under Section 13(1) of the Hindu Marriage Act before learned Family Court at Ahmedabad. It is submitted that the applicant is residing at Vadodara and she has no independent income and it is not possible for the applicant to attend the Family Court at Ahmedabad for the aforesaid proceedings on every date of adjournment. It is submitted that as she has no other independent income. Even otherwise also, it is not possible for the applicant to meet with the expenditure while attending the aforesaid proceedings at the Family Court, Ahmedabad. Therefore, it is requested to allow the present application and to transfer the proceedings pending in the Court at Family Court, Ahmedabad to Vadodara Court. Learned advocate appearing for the applicant has heavily relied upon the decision of the Hon'ble Supreme Court MCA/939/2007 3/4 JUDGMENT in the case of Sumita Singh V/s Kumar Sanjay reported in AIR 2002 SC 396. 3. The application is opposed by the respondent husband. It is submitted that the proceedings before learned Family Court are at present at the stage of recording of evidence and, therefore, at this stage the said proceedings may not be transferred to Vadodara Court. 4. Heard learned advocates for the respective parties. 5. It is not in dispute that the applicant wife is residing at Vadodara and proceedings are initiated by the respondent husband before the Family Court, Ahmedabad. The applicant is a lady who has no other independent income as alleged. It is also alleged that even the amount of maintenance as awarded by the trial Court under Section 125 of the Criminal Procedure Code is also not paid. It is submitted that it is not possible for the applicant to meet with the expenditure and to attend the proceedings at Ahmedabad. It is also further submitted that even otherwise, it is not convenient for the applicant to appear before the learned Family Court, Ahmedabad at each date of adjournment. As observed by the Hon'ble Supreme Court in the case of Sumita Singh (supra), it 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 MCA/939/2007 4/4 JUDGMENT application requires to be allowed and the proceedings in the Family Court at Ahmedabad are required to be transferred to the Court at Vadodara. 6. For the reasons stated above, the application succeeds. It is ordered to transfer H.M.P.No.751 of 2006 pending in the Family Court at Ahmedabad to the District Court, Vadodara and on such transfer, learned District Court to transfer the said proceedings before the Court in Vadodara having jurisdiction to deal with the same. Rule is made absolute accordingly. ( M.R.Shah, J ) pathan