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MCA/2014/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 2014 of 2008
=========================================================
DIPTIBEN
BHARATBHAI BHATT - Applicant(s)
Versus
MITTALKUMAR
DILIPBHAI DAVE - Opponent(s)
=========================================================
Appearance
:
MS
MOXA G THAKKER for
Applicant(s) : 1,
MR YV BRAHMBHATT for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/08/2008
ORAL
ORDER
1. Present
application is filed by the applicant-wife under Section 24 of the
Code of Civil Procedure, to transfer the case being Hindu Marriage
Petition No. 31 of 2008 pending in the Court of the learned Principal
Senior Civil Judge, Nadiad to the Court at Bharuch.
2. It
is the case on behalf of the applicant that the marriage of the
petitioner was solemnized with respondent-husband on 9.12.2004 at
Bharuch and thereafter she was residing with her husband at Nadiad.
That, thereafter the dispute started and the petitioner was driven
out by the respondent-husband and, therefor, she was compelled to
leave the matrimonial house and at present is residing at Nadiad at
her parental house. It is the case on behalf of the applicant that
she had filed one Criminal Miscellaneous Application No. 583 of 2008
before the 3rd Additional Civil Judge & J.M.F.C., Bharuch under
Section 125 of the Code of Criminal Procedure for maintenance. It is
submitted that thereafter the respondent-husband as a counter blast
with a view to harass the petitioner, has filed one H.M.P. No. 31 of
2008 in the Court of learned Principal Senior Civil Judge, Nadiad,
under Section 13 of the Hindu Marriage Act. It is submitted that the
petitioner is residing with her parents at Bharuch and being a lady
it is very difficult for her to attend the proceedings at Nadiad. It
is submitted that the respondent-husband is not making payment of
maintenance amount and, therefore, financially also it is not
possible for the petitioner to attend the proceedings at Nadiad on
every date of adjournments. Therefore, it is requested to allow the
present application and transfer the proceedings pending in the Court
of learned Principal Senior Civil Judge, Nadidad to the Court of
Bharuch.
3. Shri,
Y,V, Brahmbhatt, learned advocate appearing on behalf of the
respondent-husband has submitted that so far as the financial aspect
is concerned, respondent-husband is ready and willing to bear the
expenditure of transportation and other ancillary expenditure to be
incurred by the petitioner while attending the proceedings at Nadiad.
It is also further submitted by him that it is not true that amount
of maintenance as ordered by the lower Court is not deposited by the
respondent-husband and the same is already deposited in the trial
Court and he has no objection if the said amount is permitted to be
withdrawn by the petitioner. It is also further submitted that the
distance between Nadiad and Bharuch is hardly 100 k.m. and,
therefore, if the respondent-husband bears the expenditure of
transportation and other expenses, there will not be much
inconvenience to the petitioner-wife, therefore, it is requested to
dismiss the present application.
4. Heard
the learned advocate for the respective parties and considering the
submissions made by the learned advocates, more particularly, on
behalf of the respondent-husband that he is ready and willing to bear
the expenditure of transportation and other expenses of the
petitioner-wife for attending the proceedings at Nadiad, considering
the above, the Court suggested to pay Rs. 250/- to the
petitioner-wife for attending the proceedings on each date of
adjournments and learned advocate, Shri Y.V. Brahmbhatt, on behalf
respondent-husband has readily agreed to same. Considering the above
and distance between Nadiad and Bharuch, the proceedings from Nadiad
to Bharuch are not transferred. However the respondent- husband is
directed to pay Rs. 250/- to the petitioner-wife for attending the
proceedings at Nadiad for each adjournments and the same shall be
paid by the respondent-husband in advance. At the first instance, the
respondent-husband shall make the payment of Rs. 1,000/- to the
petitioner-wife within a period of three weeks from today and same
shall be adjusted towards the expenditure of each adjournments and
after three adjournments i.e. after adjustment of Rs. 750/- again
respondent-husband shall pay further sum of Rs. 750/- towards future
expenses and the same shall be adjusted accordingly and same shall be
continued till the final disposal of the proceedings at Nadiad. If,
there is default in making the depositing of aforesaid amount and/ or
payment of aforesaid amount in advance, it will be open for the
applicant to move this Court for appropriate further order. As agreed
by Shri Y.V. Brahmbhatt, learned advocate on behalf of the
respondent-husband, the amount of maintenance deposited by the
husband in the trial Court is permitted to be withdrawn by the
applicant-wife. As and when such an application is made by the
applicant wife, the trial Court is directed to permit the applicant
wife to withdraw the said amount.
6. With
this, the present application is disposed of. Notice discharged.
(
M.R.SHAH, J)
Kaushik
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