2013 Supreme(Guj) 298
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ABHILASHA KUMARI, J.
SONAL SHREYANSH VASA THE DAUGHTER OF GAURISHANKAR L. – Applicant
Versus
SHREYANSH HITENBHAI VASA – Opponent
MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 691 of 2013
Decided on: 31.07.2013
Advocate Appeared:
MR NALIN K THAKKER, ADVOCATE for the Applicants No.1
MR SS TRIVEDI, ADVOCATE for the Opponents No. 1
Headnote:
Civil Procedure Code, 1908 - Section 24 - Application has been preferred by the applicant-wife, inter alia, with a prayer to transfer, pending in Court of learned Principal Senior Civil Judge, to the Family Court - Held, Court has considered rival submissions and aspect that the wife has to travel 400 Kms. accompanied by her father, and the expenditure involved in the process - It has further considered fact that marriage between parties was solemnised at Vadodara, therefore, Court would have jurisdiction - In the above circumstances, the prayer made by the applicant appears to be genuine - Transfer Allowed - Petition Allowed
1. Rule Mr. S.S. Trivedi, learned advocate, waives service of notice of Rule for the opponent.
2. This application has been preferred by the applicant-wife, inter alia, with a prayer to transfer HMP No.114 of 2010, pending in the Court of learned Principal Senior Civil Judge, Bhuj-Kachchh, to the Family Court, Vadodara.
3. Briefly stated, the facts giving rise to the present application are that, the applicant married the respondent, Shreyansh Hitenbhai Vasa, on 1-6-2010, at Vadodara, as per Hindu customs and rites. The applicant has a Diploma Degree in Electrical Engineering, whereas the respondent is stated to be B.Tech.(IC). The applicant is serving in Voltamp Transformer Ltd., Vadodara, since the year 2007. The respondent is serving as a Senior Engineer in Adani Infra India Ltd., Mundra-Maneja Crossing, located about 15 Kms. away from Mundra-Kachchh. According to the applicant, it was decided before the marriage that the respondent would stay at Vadodara. However, he is now insisting that the applicant should leave service and reside with him, at Mundra. The applicant was earlier residing with her mother at Vadodara, but she is now residing in a rented house at that place. It is the case of the applicant that the respondent used to visit Vadodara and stay with the applicant in the rented house. The applicant also goes to Mundra occasionally, on weekends. Differences arose between the applicant and the respondent. According to the applicant the respondent insisted on operating her Internet Bank Account. One of the issues that arose was the Password of the applicant in the said Internet Bank Account, which the respondent wanted to take from her. According to the applicant, when she did not agree to this, the respondent became angry and misbehaved with her. The respondent allegedly demanded an amount of Rs.70,000/-. The mother of the respondent also allegedly quarrelled with the applicant when she went to Mundra, on 5-12-2010. It is further stated in the application that the applicant was beaten by the respondent and compelled to hand over all her gold ornaments. The respondent and his mother threatened the applicant to prevent her from entering the house of the respondent at Mundra. The mother of the respondent is also alleged to have told the applicant to leave service and reside at Mundra. She is further stated to have asked the applicant “why she is not giving money to the respondent”. The applicant then telephoned her bother at Vadodara, and returned to Vadodara, with him.
3.1 It is further stated by the applicant that in order to shirk his responsibilities towards her, the respondent has filed HMP No.114 of 2010, for restitution of conjugal rights. The said petition is pending before the Court of learned Principal Senior Civil Judge, Bhuj-Kachchh, wherein a number of allegations have been made against the applicant. The applicant has filed a reply thereto. It is in the above background that the instant application has been filed.
4. This Court has heard Mr. Nalin K. Thakker, learned advocate for the applicant and Mr. S.S. Trivedi, learned advocate for the respondent.
5. It is submitted by Mr. Nalin K. Thakker, learned advocate for the applicant, that the applicant is required to attend the Court proceedings at Bhuj, regularly. She has already gone there sixteen times from January, 2011, to March, 2013. The distance between Vadodara and Bhuj is 400 Kms. As the applicant is a lady, she cannot go alone and has to be accompanied by her father, every time. It is further submitted that the marriage was solemnized at Vadodara and the father and other members of the applicant are also residing at Vadodara. Considering the hardships and inconvenience faced by the applicant, including the expense involved, the proceedings may be transferred from Bhuj to Vadodra, in the interest of justice.
6. In support of his submissions, learned counsel for the applicant has placed reliance upon the following judgments.