MCA/2293/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 2293 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 ? ========================================================= MANISHABEN D/O BHUPATSINGH PARMAR - Applicant(s) Versus STATE OF GUJARAT THROUGH PP, & 1 - Opponent(s) ========================================================= Appearance : MR GIRISH M DAS for Applicant(s) : 1, NOTICE NOT RECD BACK for Opponent(s) : 1, MR MAULIK G NANAVATI for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 21/08/2008 ORAL JUDGMENT 1. Present application is filed by the applicant- wife Manishabne D/o Bhupatsingh Parmar under Section MCA/2293/2007 2/5 JUDGMENT 24 of the Code of Civil Procedure to transfer the Suit No. 559 of 2007 from Family Court at Ahmedabad to Civil Court at Anand having jurisdiction. 2. Shri G.M. Das, learned advocate for the applicant has submitted that the applicant-wife is residing at present with her parents at Vallabh Vidyanagar since she has been deserted by the respondent No.2. It is submitted that the present applicant has filed two cases in the Court at Anand against the respondent-husband for maintenance and for conjugal rights being Criminal Case No. 126 of 2007 before the learned J.M.F.C. Anand for maintenance and H.M.P. No. 85 of 2007 before the learned Principal District Judge, Anand for restitution of the conjugal rights. It is submitted that thereafter, the respondent No.2 husband has filed suit No. 559 of 2007 for divorce under Section 13 of the Hindu Marriage Act in the Family Court at Ahmedabad as a counter blast with a view to harass the applicant. It is submitted that applicant is deserted lady and has no independent source of income and is residing at present with her father at Vallabh MCA/2293/2007 3/5 JUDGMENT Vidyanagar and it is not convenient to applicant to attend Court proceedings at Family Court, Ahmedabad on every date of adjournments. It is also further submitted that being a lady, even she will need of company of at least male person of her family for attending the Court proceedings at Ahmedabad and expenses of two persons for the entire day, including traveling expenses is difficult to be born by the applicant, who is facing poverty. It is submitted that in the Court at Anand the applicant is engaged a lawyer and again she has to engage lawyer at Ahmedabad and born the expenditure and, therefore, it is requested to transfer the proceedings from Family Court, Ahmedabad to Civil Court at Anand. 3. Shri Maulik Nanavati, learned advocate for the respondent No.2 husband has resisted the present application by submitting that looking to the distance between Ahmedabad and Anand, same are not required to be transferred to Anand. It is submitted that the Family Court at Ahmedabad would have jurisdiction to entertain the petition submitted by the respondent-husband and, therefore, it is MCA/2293/2007 4/5 JUDGMENT requested to dismiss the present application. 4. Having heard the learned advocate appearing for the respective parties. It appears that the applicant-wife is residing at Vallab Vidyanagar and she is deserted by the respondent No.2 -husband and she is residing at her parental house. It also further appears that the applicant has filed two cases in the Court at Anand against the respondent No.2 -husband for maintenance and restitution of conjugal rights prior in time being Criminal Case No. 126 of 2007 before the learned J.M.F.C. Anand and H.M.P. No. 85 of 2007 before the learned Principal District Judge, Anand. It appears that thereafter, subsequently the respondent No.2-husband has filed the suit No. 559 of 2007 in the Family Court, Ahmedabad for divorce under Section 13 of the Hindu Marriage Act. It is the contention on behalf of the applicant that she has no independent source of income and it will not be convenient for her to attend the proceedings at Family Court, Ahmedabad on every date of adjournments and that she has to engage another lawyer and bare expenditure. It is also the MCA/2293/2007 5/5 JUDGMENT contention on behalf of the applicant that financially it will not be possible for the applicant-wife to meet with the expenditure. As held by the Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay reported in AIR 2002 SC 396 in a matrimonial matter while considering Section 24 of the Code of Civil Procedure convenience of wife is required to be considered. Under the circumstances, the present application deserves to be allowed. 7. For the reasons stated above, present application is allowed. H.M.P. Case No. 559 of 2007 pending in the Court of Family Court, Ahmedabad is ordered to be transferred to the Court at Anand having jurisdiction. Rule is made absolute accordingly. In the facts and circumstances, there shall be no order as to cost. ( M.R.SHAH,J) Kaushik