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MCA/3066/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 3066 of 2009
=========================================================
GAYATRIBEN
TARUNKUMAR JANI - Applicant(s)
Versus
TARUNKUMAR
JAYANTKUMAR JANI - Opponent(s)
=========================================================
Appearance
:
MRMPSHAH
for
Applicant(s) : 1,MS. KRUTI M SHAH for Applicant(s) : 1,
MR HASIT
DILIP DAVE for Opponent(s) : 1,
MR MIHIR H PATHAK for Opponent(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/04/2010
ORAL
ORDER
Rule.
Mr.Pathak, learned advocate for opponent, waives service of notice
of Rule on behalf of the opponent. With the consent of the parties,
the application is taken up for hearing and final decision today.
The
applicant has filed present application under Section 24 of the Civil
Procedure Code, 1908 for transfer of proceedings of Hindu Marriage
Petition No.5/2007 from the Court of learned 4th
Additional Senior Civil Judge & Judicial Magistrate First Class,
Surendranagar to the Court of competent jurisdiction, Bhavnagar. The
applicant has stated that one application was filed under Section 125
of the Criminal Procedure Code, whereby, she had claimed maintenance
wherein a settlement was arrived at in April-2006. In the Hindu
Marriage Petition, an order of interim alimony has been passed. The
applicant has further averred that as per the orders passed by the
Court, the opponent is required to deposit the maintenance/interim
alimony amount in the Court at Botad, however the opponent, instead
of depositing amount in Botad Court, has been depositing the amount
in the Court at Surendranagar, which causes undue hardships to the
applicant and the opponent is using such methods only to harass
the applicant.
The
applicant has stated that she has been driven out by her husband and
his family and that therefore, she was compelled to start staying at
Botad with her parents. She has also stated that she has been meted
out threats and it is extremely inconvenient and it would be of great
hardship for her to keep on traveling to Surendranagar from Botad, as
the present case is pending in the Court at Surendranagar.
The
opponent has contested the application. One of the contentions taken
by the opponent is that the applicant has not correctly mentioned the
distance between from Botad to Bhavnagar and Botad to Surendranagar
and to substantiate his said allegation, the opponent has produced on
record, railway tickets. The opponent has on the basis of the railway
tickets emphasized that the applicant has made incorrect statements.
The opponent has also disputed the applicant’s submissions with
regard to the inconvenience in traveling from Botad to Surendranagar
to attend the proceedings and about the frequency of train from Botad
to Surendranagar as against from Botad to Bhavnagar. He has also
averred that the applicant is not justified or right about
inconvenience and actually he would be put to inconvenience, if
requested to go to Bhavnagar.
So
far as the issue of inconvenience and hardship of the applicant-wife
is concerned, the Court would consider the same from the perspective
of the applicant-wife rather than the claims-counter claims about
actual distance between the two stations since inconvenience and
difficulties of a woman is the relevant criterion, rather than
accuracy in mentioning distance or the issue whether Bhavnagar is
farther from Botad or Surendranagar.
It
is not in dispute that the applicant stays at Botad and she will have
to travel to Surendranagar to attend the proceedings of HMP
No.5/2007. It is the claim of the applicant that it would be more
convenient to travel to Bhavnagar from Botad rather than to got to
Surendranagar. The opponent has, as aforesaid, disputed the
applicant’s submission and has alleged that reasons urged by the
applicant are not correct.
The
Court sees no reason to ignore the applicant’s assertions about
inconvenience and/or to disbelieve the applicant.
On
overall consideration of the application, the request by the
applicant deserves to be granted in the interest of justice. Hence
the application is allowed, the Principal District Judge at
Surendranagar shall take necessary steps to transfer the record and
proceedings of the Hindu Marriage Petition No.5/2007 from the Court
of learned 4th Additional Senior Civil Judge &
Judicial Magistrate First Class, Surendranagar to the District Court
at Bhavnagar. After the record and proceeding of the petition being
Hindu Marriage Petition No.5/2007 is received in the Registry in the
District Court at Bhavnagar, the Principal District Judge, Bhavnagar
District shall pass necessary orders allotting the said case to the
Court of the competent jurisdiction. Thereafter, the concerned
learned Court shall issue notice to the applicant and the opponent
and proceed with the hearing of the case so as to complete it
expeditiously.
Accordingly,
the application is allowed, as per the relief prayed for in
para-7(b). The relief prayed for in para-7(a) is granted. Rule is
made absolute to the aforesaid extent.
(K.M.Thaker,J.)
rakesh/
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