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MCA/1127/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 1127 of 2008
=========================================================
RUPABEN
HEERABHAI DANGAR D/O BALABHAI AHIR - Applicant(s)
Versus
HEERABHAI
DESURBHAI DANGAR - Opponent(s)
=========================================================
Appearance :
MR
NIKHIL S KARIEL for Applicant(s) : 1,
MR KB
PANERI for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/08/2008
ORAL
ORDER
1. Heard
Mr.Nikhil Kariel, learned Advocate for the applicant and
MrK.B.Paneri, learned Advocate for the opponent.
2. Present
Application under Section 24 of the Code of Civil Procedure is filed
by the applicant ? wife for an appropriate order to transfer
H.M.P.No.29 of 2008 pending in the Court of learned 7th
Senior Civil Judge, Bhavnagar to Family Court at Ahmedabad.
Mr.Kariel, learned Advocate appearing on behalf of the applicant has
submitted that the applicant has married with the respondent on
24.01.2000 and thereafter, she was ill-treated by the husband for
dowry; she was thrown out and she is compelled to stay at Ahmedabd
with minor child aged about 8 years. It is submitted that she has no
independent income for livelihood. It is submitted that the applicant
has filed Criminal Misc.Application No.2890 of 2006 in the Family
Court, Ahmedabad under Section 125 of the Criminal Procedure Code.
Thereafter, with a view to harass the petitioner, the husband has
initiated proceedings at Bhavnagar Court by way of H.M.P. No.29 of
2008. It is submitted that the petitioner being lady and no other
independent income and/or livelihood and that there is minor child
aged 8 years son, it will not be convenient for her to attend the
proceedings at Bhavnagar on each date of adjournment, physically as
well as financially. He has relied upon the decision of the the
Hon’ble Supreme Court in the case of Sumita Singh v/s. Kumar
Sanjay reported in AIR 2002 SC 396.
3. The
application is opposed by Mr.Paneri, learned Advocate appearing on
behalf of the respondent and has submitted that so far as financial
difficulty is concerned, the respondent husband is ready to bear the
expenses. However, the proceedings may not be transferred.
4. Heard
the learned Advocates appearing on behalf of the respective parties.
5. It
is not in dispute that the applicant ? wife is staying at Ahmedabad
with her minor child aged 8 years at her parental house and it
prima-facie appears that there is no other independent source
of income of livelihood. It also appears that the applicant has
initiated proceedings in the Family Court, Ahmedabad prior in time
and subsequent thereto, the respondent ? husband has initiated
proceedings by way of H.M.P.No.29 of 2008 before the Bhavnagar Court.
Being a lady it will not be convenient for her to attend to the
proceedings at Bhavnagar Court on each and every date of adjournment.
As held by the Hon’ble Supreme Court in the case of Sumita Singh
(supra), in a matrimonial proceedings convenience of wife is
of paramount consideration, requires to be considered and considering
Section 24 of the Code of Civil Procedure also convenience of wife is
required to be considered. Considering above, present application
deserves to be allowed.
6. For
the reasons stated above, the application succeeds. H.M.P.No.29 of
2008 pending in the Court of learned 7th Additional Senior
Civil Judge, Bhavnagar is hereby ordered to be transferred to the
Family Court at Ahmedabad. Rule is made absolute accordingly. There
shall be no order as to costs.
[M.R.Shah,J.]
satish
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