MCA/95/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 95 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 ? ========================================================= KIRAN MANOJ PATEL - Applicant(s) Versus MANOJBHAI SHANTIBHAI PATEL - Opponent(s) ========================================================= Appearance : MR NEHAL R JOSHI for Applicant(s) : 1, MR AMRISH K PANDYA for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/07/2008 ORAL JUDGMENT 1. 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. 601 of 2007 from the court of learned Civil Judge (Senior MCA/95/2008 2/4 JUDGMENT Division), Vadodara to the Family Court at Ahmedabad. 2. It is the contention on behalf of the petitioner that she is wife, residing at Ahmedabad and has married with the respondent - husband and out of the wedlock, there is one child namely Dhara, aged about 8 years. It is submitted that as there is matrimonial dispute, the petitioner – wife and the respondent - husband are residing separately and the petitioner has filed petition for restitution of conjugal rights under sec.9 of the Hindu Marriage Act in the Family Court at Ahmedabad being Hindu Marriage Petition No. 1376 of 2007. It is submitted that even the respondent has also filed petition for divorce under sec.13 of the Hindu Marriage Act in the court of learned Civil Judge (S.D.), Vadodara being Hindu Marriage Petition No. 601 of 2007 in December, 2007. It is submitted that the petitioner is wife and has no source of income and has to look after herself as well as her minor child and it is not convenient to the petitioner to attend the proceedings at Vadodara on every date of adjournment. It is submitted that the aforesaid proceedings has been initiated by the respondent - husband with a view to harass the petitioner – wife. The MCA/95/2008 3/4 JUDGMENT 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. 3. The application is opposed by the learned advocate appearing on behalf of the respondent by submitting that the proceedings pending in the court of learned Civil Judge (S.D.), Vadodara are not required to be transferred to the Family Court at Ahmedabad, as the petitioner is residing at Patan and is not permanently residing at Ahmedabad. 4. Heard the learned advocate appearing on behalf of the respective parties. 5. It appears from the proceedings that the petitioner is residing at Ahmedabad. However, daughter of the petitioner is studying at Patan and is staying with the sister of the petitioner at Patan. Merely because the daughter of the petitioner is studying and residing at Patan with her aunt, it cannot be said that the petitioner is permanently residing at Patan. Considering the fact that the proceedings are initiated by the respondent - husband at Vadodara and the petitioner is residing at MCA/95/2008 4/4 JUDGMENT Ahmedabad, it will not be convenient for the petitioner - wife to attend the proceedings at Vadodara on every date of adjournment and even financially also it will not be possible for the petitioner to bear the expenditure. As observed by the Hon'ble Supreme Court in the case of Sumita Singh (supra), in a matrimonial proceedings, it is the wife's convenience that may be looked at. Considering the above, the petition deserves to be allowed. 6. For the reasons stated above, the petition succeeds. It is hereby ordered to transfer Hindu Marriage Petition No. 601 of 2007 from the court of learned Civil Judge (S.D.), Vadodara to the Family Court at Ahmedabad. 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