Back
2021 Supreme(Online)(Guj) 6485
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 282 of 2020 ==========================================================
SHILPABEN MANISHKUMAR BAROT D/O DAYARAM VISHNUPRASHAD BAROT Versus MANISHKUMAR KESHAVLAL BAROT ==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1 RICHA SHAH(7541) for the Applicant(s) No. 1 RULE SERVED(64) for the Opponent(s) No. 1 ==========================================================
CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI Date : 28/01/2021
ORAL ORDER
[1] Heard learned Advocate Ms. Richa Shah for the Applicant through video conference.
[2] Though served, none has appeared on behalf of the opponent.
[3] The present application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the applicant-wife to transfer Family Suit No.25 of 2019 pending with the Court of learned Principal Judge, Family Court, Himmatnagar to the Family Court at Ahmedabad.
[4] It is the case of the applicant that she has got married with the respondent on 8.06.2017 as per Hindu rights and customs, during short time of married quarrel started with the present respondent and the respondent has filed Family No.25 of 2019 before the learned Principal Judge, Family Court, Himmatnagar. It is the case of the petitioner that she has filed Cr.Misc. Application No. 1278 of 2012 before the learned Chief Judicial Court, Ahmedabad under Sec. 125 of the Code of Criminal Procedure along with interim maintenance and has also filed Criminal Misc. Application No.93 of 2012 under Sections 19, 20, 22, 23 of the Domestic Violence Act, which are disposed of.
[5] Learned advocate for the applicant submitted that the applicant is a poor lady staying separately at Ahmedabad, which is approximately 80 kms. away from Himmatnagar. She has further submitted that the proceedings which are pending before the Court of the learned Principal Judge, Family Court, Himmatnagar, being Family Suit No.25 of 2019, be transferred to the Ahmedabad Family Court. It is further submitted by the learned Advocate for the Applicant that the husband is doing a government job and therefore considering the comparative hardship faced by the Applicant, discretion may kindly be exercised.
[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 80 kms from Ahmedabad to Himmatnagar and the applicant is a poor lady and she is having a minor child aged 15 years. 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 and also referred to the decision in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in MCA no. 431 of 2019. Therefore this is a fit case to exercise discretion under section 24 of CPC for transferring the matter from Himmatnagar to Ahmedabad. The application is allowed. The Family Suit No.25/2019, pending before the Court of learned Principal Judge, Family Court, Himmatnagar is ordered to be transferred to the Family Court at Ahmedabad. Rule is made absolute. No orders as to cost. Direct service is permitted through fax/e-mail/ any other electronic mode.
(A. C. JOSHI,J)
