Gujarat High Court
Hetalben W/O Kalpeshbhai Purohit D/O ... vs Kalpeshbhai Ratilal Purohit on 11 March, 2020
Author: B.N. Karia
Bench: B.N. Karia
C/MCA/1023/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1023 of 2019
===================================
HETALBEN W/O KALPESHBHAI PUROHIT D/O HARSHADRAI
MANISHANKAR BHATT
Versus
KALPESHBHAI RATILAL PUROHIT
===================================
Appearance:
HARSH K RAVAL (9068) for the Applicant
MR NILESH I JANI (3558) for the Opponent
===================================
CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 11/03/2020
ORAL ORDER
1. By way of present application, present applicant is seeking transfer of the proceedings of Hindu Marriage Suit No.49 of 2018 preferred by the respondent husband seeking relief of divorce u/s.13(1)(a) and (1)(b) of the Hindu Marriage Act pending with Family Court, Junagadh to Family Court, Rajkot, as the present applicant is residing at Rajkot with her parents.
2. The brief facts of the case, as could be gathered from the memo of the application, are required to be setout as under : Page 1 of 5 Downloaded on : Fri Mar 13 22:57:02 IST 2020 C/MCA/1023/2019 ORDER 2.1 The marriage of the present applicant was solemnized with the present respondent on 15th April 2004 at Ahmedabad as per the Hindu vedic rights and rituals and after that the present applicant was residing with her husband. Out of wedlock, one baby boy was borne, who is at present 10 years old and living with the present applicant.
2.2 Thereafter, because of small issues and disputes between the present applicant and the respondent, the present applicant filed maintenance application in the form of Criminal Misc. Application No.112 of 2011 before the Family Court, Junagadh, wherein maintenance of Rs.5,750/ was awarded by the Family Court, Junagadh.
2.3 Thereafter, the respondent - husband has filed Family Suit no.49 of 2019 u/s.13(1) (a) and (1) (b) before the Family Judge, Junagadh for divorce. It is further stated in the application that on each and every adjournment before the Family Court, Junagadh the applicant has to travel to Junagadh to attend the proceedings filed by the respondent - husband, which is very difficult for her. Being a lady and having minor son it is not Page 2 of 5 Downloaded on : Fri Mar 13 22:57:02 IST 2020 C/MCA/1023/2019 ORDER possible for the present applicant to travel to Junagadh to attend the proceedings before Family Court, Junagadh. 2.4 The present applicant is residing at Rajkot with her parents. The present applicant having minor baby boy and it is not possible for her to take the baby boy with her and travel the distance about 110 kms. one way for attending the proceedings. Hence, she filed the present application seeking transfer of the said proceedings.
3. Heard learned advocate appearing for the respondent.
4. No arguments were advanced on behalf of the applicant, as he is not present before the Court.
5. Learned advocate appearing for the respondent - husband strongly objected to the contents made in the present application and argued that a case under the Domestic Violence Act is preferred by the present applicant before the Chief Judicial Magistrate, Junagadh. It is submitted that there would be no difficulty on the part of the present applicant in attending the Page 3 of 5 Downloaded on : Fri Mar 13 22:57:02 IST 2020 C/MCA/1023/2019 ORDER proceedings of Family Suit no.49 of 2018, which is pending in the Family Court, Junagadh as she has to attend the proceedings of Domestic Violence also. The distance between Junagadh to Rajkot would not be more than 100 kms. one way. The present applicant is residing at Rajkot and no hardship would be caused to her in attending the proceedings at Junagadh from Rajkot. It is therefore, requested by the learned advocate appearing for the respondent - husband to dismiss the present application.
6. Having considered the facts of the case, contentions raised by the learned advocate for the respondent, it appears that another proceedings i.e. Criminal Misc. Application no.923 of 2019 is preferred by the present petitioner u/s.127 of the Code of Criminal Procedure for the revision of maintenance, which is pending before the Family Court at Rajkot. Earlier, Criminal Misc. Application no.112 of 2011 was also preferred by the petitioner u/s.125 of the Code of Criminal Procedure wherein Family Court has awarded maintenance of Rs.5,750/ per month in favour of the present petitioner.
7. From the other side the respondent has also filed Page 4 of 5 Downloaded on : Fri Mar 13 22:57:02 IST 2020 C/MCA/1023/2019 ORDER Family Suit no.49 of 2019 before the Family Court, Junagadh u/s.13(1) (a) and (1) (b) of the Hindu Marriage Act seeking divorce. It also appears that the applicant has a minor son having 10 years of age. It is contended that the distance between Junagadh to Rajkot is approximately 110 kms. one way. The applicant being woman would suffer more hardship comparatively to attend the proceedings of Family Suit no.49 of 2018 pending before the Family Court, Junagadh preferred by the respondent - husband.
8. In the result, the prayer made by the present applicant is allowed, Family Suit no.49 of 2018 pending before the Family Court, Junagadh Nadiad shall be transferred for adjudication to the Family Court, Rajkot.
(B.N. KARIA, J.) AMAR RATHOD...
Page 5 of 5 Downloaded on : Fri Mar 13 22:57:02 IST 2020