Gujarat High Court
Manisha Pratik Upadhyay D/O Mukesh ... vs Pratik Rakesh Upadhyay on 19 January, 2021
Author: Ashokkumar C. Joshi
Bench: Ashokkumar C. Joshi
C/MCA/1041/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1041 of 2019
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MANISHA PRATIK UPADHYAY D/O MUKESH RADHESHYAM SHARMA
Versus
PRATIK RAKESH UPADHYAY
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Appearance:
JUHI M TALATI(7822) for the Applicant(s) No. 1
MR VIJAL P DESAI(5505) for the Opponent(s) No. 1
MS ISHITA V DESAI(5975) for the Opponent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 19/01/2021
ORAL ORDER
[1] Heard learned advocates for the respective parties through video conference.
[2] The present application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the applicant-wife to transfer the HMP No.18 of 2019 pending with the Court of learned Principal Civil Judge, Balasinor to the Family Court, Ahmedabad. [3] It is the case of the applicant that she has got married with the respondent on 13.11.2017 as per Hindu rights and customs, during short time of married quarrel started with the present respondent and the respondent has filed HMP No.18 of 2019 before learned Principal Page 1 of 4 Downloaded on : Thu Jan 21 00:23:46 IST 2021 C/MCA/1041/2019 ORDER Civil Judge, Balasinor. Learned Advocate for the Applicant has submitted that the petitioner has a minor child aged one and half year old and it is very difficult for her to travel from Balasinor to Ahmedabad on each and every date as the distance between Balasinor and Ahmedabad is about 80 kmts. It is further submitted that there are two matters pending before the court at Balasinor; one for maintenance and the another one for domestic violence.
[4] Learned advocate for the applicant has submitted that the applicant is a poor lady staying at Ahmedabad, which is approximately 80 kms. away from Balasinor. He further submitted that the proceedings are pending before the Court that of the the Principal Civil Judge, Balasinor, being Hindu Marriage Petition No.18 of 2019, be transferred to the Ahmedabad Family Court. [5] Per contra, learned Advocate for the Respondents has heavily opposed the petition and submitted that the petitioner has already filed a complaint prior to this Application before the Mahisagar Police Station and therefore the present Application for transfer may not be entertained.
Page 2 of 4 Downloaded on : Thu Jan 21 00:23:46 IST 2021 C/MCA/1041/2019 ORDER [6] Considering submissions made by the learned advocates for the respective parties, it appears that it would be difficult for the applicant to travel about 80 kms from Ahmedabad to Balasinor and the applicant is a poor lady and not only that, the petitioner is a housewife and is having a minor child aged one and half year, and therefore, as per the settled law, this court is of the considered opinion that considering the hardships caused to the petitioner, this is a fit case to exercise discretion under Section 24 of CPC. This Court has also relied upon the decisions rendered in the case of Sumita Singh v/s Kumar Sanjay reported in AIR 2002 SC 36 and in the case of Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 also referred to the decision made in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in MCA no. 431 of 2019.
[7] Learned advocate for the respondent has not much contested so far as the financial aspect of the petitioner is concerned, therefore this is a fit case to exercise discretion under section 24 of the Code for transferring the matter from Balasinor to Ahmedabad. The application is allowed. The HMP No.18/2019, pending before the Court of Principal Civil Judge, Balasinor is Page 3 of 4 Downloaded on : Thu Jan 21 00:23:46 IST 2021 C/MCA/1041/2019 ORDER ordered to be transferred to the Family Court of Ahmedabad. Rule is made absolute. No orders as to cost. Direct service is permitted through fax/e-mail/ any other electronic mode.
(DR. ASHOKKUMAR C. JOSHI,J) J.N. W Page 4 of 4 Downloaded on : Thu Jan 21 00:23:46 IST 2021