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MCA/1457/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 1457 of 2008
=========================================================
CHHAYABEN
D/O VIKRANTBHAI VASAVADA - Applicant(s)
Versus
JITESHBHAI
DAYARAM BUJAD - Opponent(s)
=========================================================
Appearance :
MR
ZUBIN F BHARDA for Applicant(s) : 1,
NOTICE
SERVED for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/07/2008
ORAL
ORDER
1. Present
application is filed by the applicant ? Wife under Section 24 of
the Civil Procedure Code to transfer proceedings being Hindu Marriage
Petition No.128 of 2008 pending in the Court of learned 3rd
Civil Judge(S.D.), Vadodara to the learned Court of Civil
Judge(S.D.), Rajkot.
Though
served nobody appears on behalf of the respondent. Thus, there is no
opposition to the present application.
2. It
is the contention on behalf of the applicant ? wife that initially
she was residing at Morbi but now she is residing at Rajkot and after
the petitioner initiated proceedings under Section 125 of the
Criminal Procedure Code, subsequently thereto the respondent ?
husband has initiated proceedings being H.M.P.No.128 of 2008 which is
pending in the Court of learned 3rd Civil Judge (S.D.),
Vadodara. It is submitted that the applicant at present is residing
at Rajkot and looking to the distance between Rajkot and Vadodara and
looking to the fact that the applicant is lady, it will be not
convenient for the applicant to attend the proceedings being
H.M.P.No.128 of 2008 on every date of adjournment. It is also
submitted that even financial also it is not possible for the
petitioner to meet with the expenditure to attend proceedings being
H.M.P.No.128 of 2008 on each and every date of adjournment. Under the
circumstances, it is requested to allow the present application.
Learned Advocate for the applicant has heavily 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. Heard
Mr.Alpesh Dodiya, learned Advocate for the applicant. As stated
above, though served nobody appears on behalf of the respondent.
There is no counter to the present application. It appears that the
petitioner ? wife is residing presently at Rajkot and she initiated
proceedings under Section 125 in the Court of learned J.M.F.C., Morbi
which is nearer to Rajkot. It also appears that subsequently thereto,
the respondent ? husband has initiated proceedings at Vadodara by
filing H.M.P.No.128 of 2008. It is not disputed that it will not be
possible for the applicant to meet with the expenditure to attend
proceedings of H.M.P.No.128 of 2008 on each and every date of
adjournment.
4. 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.
5. Under
the circumstance and for the reasons stated above, the application
succeeds. Hindu Marriage Petition No.128 of 2008 pending in the Court
of learned 3rd Civil Judge(S.D.), Vadodara is hereby
ordered to be transferred to the learned Court of Civil Judge,
Rajkot. Rule made absolute. There shall be no order as to costs.
Direct service is permitted.
[M.R.Shah,J.]
satish
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