MCA/828/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 828 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 ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= SHANTHI NARSIMHAN & 2 - Applicant(s) Versus P L NARSIMHAN - Opponent(s) ========================================================= Appearance : PARTY-IN-PERSON for Applicant(s) : 1, MR AJ SHASTRI for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. Present application is filed by the applicant- party-in-person Mrs.Shanti Narsimhan under Section 24 of the Code of Civil Procedure, for an appropriate order to transfer the proceedings of H.M.P.No.249 of MCA/828/2008 2/3 JUDGMENT 2006 pending in the Court of learned Senior Civil Judge, Vadodara to the Court of learned Senior Civil Judge, Anand. 2. It is submitted by the applicant that she had filed H.M.P.No.249 of 2006 in the Court of learned Senior Civil Judge, Vadodara for judicial separation under Section 10 of the Hindu Marriage Act against the respondent. It is submitted that after the marriage she was compelled to leave matrimonial house due to physical and mental torture and therefore she had filed aforesaid H.M.P. No.249 of 2006 in the Court at Vadodara. It is submitted that she is not getting any maintenance from the respondent-husband and both the children of the applicant are studying at Anand and therefore she had shifted to Anand and staying in a rented house with her children in Anand. It is submitted that therefore it will not be convenient for the applicant to remain present in the proceedings at Vadodara on every date of adjournment physically as well as financially and therefore it is requested to allow the present application and to transfer the proceedings from Vadodara Court to Anand Court. 3. Application is opposed by Shri A.J.Shastri, learned advocate appearing on behalf of the respondent and it is submitted that the applicant cannot be say to permanently residing at Anand and therefore proceedings are not required to be transferred from Vadodara Court to Anand Court. MCA/828/2008 3/3 JUDGMENT Therefore, it is requested to dismiss the application. 4. It appears that the applicant has initially initiated proceedings at Vadodara Court as she is staying at Vadodara. However, she is compelled to shift to Anand as her children are studying at Anand and she was compelled to leave matrimonial house. It is the case on behalf of the applicant that she is not getting any single penny as maintenance from the respondent and therefore it will not be possible for the applicant to meet with the travelling expenditure to attend the proceedings at Vadodara Court on each date of adjournment. 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 proceedings while considering Section 24 of the CPC, the convenience of the wife is required to be considered. 5. For the reasons stated above, this application succeeds. H.M.P.No.249 of 2006 pending in the Court of learned Senior Civil Judge, Vadodara is hereby ordered to be transferred to the Court of learned Senior Civil Judge, Anand. 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. ) syed/