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2022 DIGILAW 115 (GUJ)

Bhavita Narendrabhai Mehta v. Sanket Navinchandra Patel

2022-01-19

ASHOKKUMAR C.JOSHI

body2022
JUDGMENT : 1. The court is convened through video conference. 2. Heard learned advocate Ms. Abha Makwana for the applicant and learned advocate associated with learned advocate Mr. Jay Thakkar for the respondent. 3. Rule. Learned advocate associated with learned advocate Mr. Jay Thakkar waives service of rule for the respondent. 4. The present application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the applicant-wife to transfer the Family Suit No.611 of 2021 pending with the Court of learned Family Court, Ahmedabad to the learned Family Court, Vadodara. 5. The brief facts of the case are that the applicant-wife got married with the respondent on 18.4.2018 at Dariyapur, Ahmedabad, which has been registered on 19.4.2018 with the office of the Marriage Registrar, Ward-Dariyapur. That, because of differences arose between them, the applicant has been forced to leave the matrimonial house of the respondent – husband. That, the respondent – husband has filed a Family Suit Being No. 611 of 2021 before the Family Court, Ahmedabad for restitution of conjugal rights. That, the applicant-wife is serving with the Military Hospital at Vadodara as Indian Armed Forces Civilian. 6. Learned advocate Ms. Abha Makwana for the applicant submitted that the applicant having child aged about 1 year and 7 months, who is required to be taken care of by her before and after duty hours. It is submitted that the applicant is serving in the Military Hospital at Vadodara. It is also submitted that the respondent – husband has intentionally filed the Family Suit at Family Court, Ahmedabad to harass and to make unnecessary expenditure for travelling to Ahmedabad and therefore, the applicant may not pay attention towards her child. It is further submitted that the distance between the Ahmedabad to Vadodara is approximately 120 KM. She also submitted that the proceedings are pending before the Family Court, Ahmedabad may be transferred to the learned Family Court, Vadodara. 7. Learned advocate for the respondent has objected this application and submitted that not to transfer the said Family Suit. 8. It is further submitted that the distance between the Ahmedabad to Vadodara is approximately 120 KM. She also submitted that the proceedings are pending before the Family Court, Ahmedabad may be transferred to the learned Family Court, Vadodara. 7. Learned advocate for the respondent has objected this application and submitted that not to transfer the said Family Suit. 8. Considering submissions made by the learned advocates for the respective parties, it appears that it would be difficult for the applicant to travel about 120 kms from Vadodara to Ahmedabad and the applicant is a lady working at Military Hospital at Vadodara and having child of 1 year and 7 months, which may cause hardships for the woman and child to attend the Court at Ahmedabad. This Court has also relied upon the decisions rendered in the case of Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 also referred to the decision made in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh Ganpatsinh Raulji in MCA No. 431 of 2019. The learned advocate for the respondent has not much contested so far as the financial aspect of the applicant is concerned and with regard to the hardships of the opponent, therefore this is a fit case to exercise discretion under section 24 of CPC for transferring the matter from Ahmedabad to Vadodara. The application is allowed. The proceedings of the Family Suit No. 611 of 2021, pending before the Family Court at Ahmedabad is ordered to be transferred to the learned Family Court at Vadodara. Rule is made absolute. No orders as to costs. Direct service is permitted through E-mail.