Research › Search › Judgment

Gujarat High Court · body

2022 DIGILAW 62 (GUJ)

Joytsnaben v. Rameshbhai Ramsinh Solanki

2022-01-12

ASHOKKUMAR C.JOSHI

body2022
JUDGMENT : Ashokkumar C. Joshi, J. 1. Heard learned advocate Mr. Imtiyaz Mansuri for the applicant and learned advocate Mr. Nayan Ravani for learned advocate Ms. Niyati Chauhan for the respondent. 2. 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 HMP No. 44 of 2019 pending with the Court of learned Principal Senior Civil Judge, Kapadvanj, District-Kheda to the learned Family Court, Ahmedabad. 3. The brief facts of the case are that the applicant-wife got married with the respondent on 27.04.1999 as per Hindu rights and customs. They started residing in a joint family. That, the applicant was mentally harassed from the beginning by the applicant and his family members for dowry. That, when the in-laws of the applicant came to know about the discourteous, and in-genuine behaviour of the respondent with the applicant, they did nothing except motivating the respondent and the said act of the in-laws of the applicant disturbed the applicant. That, from the said wed lock, the applicant having two sons. That on 22.4.2013 the applicant was forced to leave the house of her in-laws with his two sons and since then the applicant is residing separately at her parent's home. 4. Learned advocate for the applicant submitted that the applicant is lady staying with her parents and not having income and she has to visit doctor for her regular check-up. He further submitted that the respondent-husband is working as a Principal in Vadan Primary School, Taluka: Palitana, District: Bhavnagar and earning more than Rs. 52,000/- per month. He submitted that the applicant has preferred the Maintenance Application under Section 125 of the Code of Criminal Procedure praying maintenance of Rs. 25,000/- per month, which came to be partly allowed, against which the Criminal Revision Application No. 7 of 2020 is pending before this Court. He also submitted that the proceedings are pending before the Court of learned Principal Senior Civil Judge, Kapadvanj, District-Kheda be transferred to the learned Family Court, Ahmedabad. 5. Learned advocate Mr. Nayan Ravani for learned advocate Ms. Niyati Chauhan for the respondent has objected this application and submitted that not to transfer the said H.M.P. 6. He also submitted that the proceedings are pending before the Court of learned Principal Senior Civil Judge, Kapadvanj, District-Kheda be transferred to the learned Family Court, Ahmedabad. 5. Learned advocate Mr. Nayan Ravani for learned advocate Ms. Niyati Chauhan for the respondent has objected this application and submitted that not to transfer the said H.M.P. 6. Considering submissions made by the learned advocates for the respective parties, it appears that it would be difficult for the applicant to travel about 70 kms from Kapadvanj to Ahmedabad and the applicant is a poor lady having two sons, which may cause hardships for the children and the woman to attend the Court at Kapadvanj. This Court has also relied upon the decisions rendered in the case of Minesh Rajnikant Dalal v. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 also referred to the decision made in the case of Jayshreeba Jayendrasinh Raulji v. 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 Ankleshwar to Rajkot. The application is allowed. The proceedings of the HMP No. 44/2019, pending before the Court of learned Principal Senior Civil Judge, Kapadvanj. District: Kheda is ordered to be transferred to the learned Family Court of Ahmedabad. Rule is made absolute. No orders as to costs. Direct service is permitted.