Gujarat High Court
Bhumikaben Ganpatbhai Jaiswal (Kalal) vs Kaushikbhai Bhikhabhai ... on 21 July, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/MCA/1675/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION (FOR TRANSFER) NO. 1675 of 2014
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BHUMIKABEN GANPATBHAI JAISWAL (KALAL)....Applicant(s)
Versus
KAUSHIKBHAI BHIKHABHAI JAISWAL....Opponent(s)
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Appearance:
MR AKSHAT KHARE, ADVOCATE for the Applicant(s) No. 1
MR P B KHAMBHOLJA, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 21/07/2014
ORAL ORDER
Heard learned advocate Mr. Akshat Khare for the applicant.
In response to service of Rule, issued on 23/06/2014 making it returnable today i.e. 21/07/2014, learned advocate Mr. P. B. Khambholja is having instruction to appear for the respondent who is present before the Court.
Learned advocate Mr. Akshat Khare invited attention of the Court to the facts set out in para nos.2.2 to 2.6 of the petition. The same reads as under:
"2.2 The applicant submits that her marriage with opponent no.2 was performed on 24/06/2012 as per Caste and Custom of the Hindu Marriage and thereafter she resided with her in-law & husband at Mehsana. The Page 1 of 4 C/MCA/1675/2014 ORDER applicant submits that her husband's & in-law's behaviour was good for about one year. Thereafter, her husband & father-in-law started consuming liquor and tortured her physically and mentally both.
2.3 The applicant submits that she was bearing all as she wanted to live peacefully with her in-laws. She has also complained to her parents in regard to torture from her in-laws, but they asked her to be the same as her in- laws house was her own house. But with the passage of time the torture increased and her husband and her father-in-law started demanding dowry and caused her to bring money from her parents house. As the applicant's parents are poor, she refused to demand any money from them. As a result of which, her husband and father-in-law has beaten her and torned her clothes & thrown out of the house. Therefore, the applicant went back to her parents house at Disa. Thereafter, the applicants have contacted her husband and in-laws to take her back to their house, but the husband and father-in-law have demanded dowry and never took her back to their house.
2.4 The applicant submits that when all efforts for conciliation failed, the applicant went to Disa City South police station on 16/09/2013 for lodging a complaint against her in-laws, but the police asked the applicant to bring written complaint which the applicant has sent the police station by RPAD. A copy of said written complaint along with postal receipt and acknowledgment are annexed here with and marked as Annexure-B (colly). It is submitted that as soon as the husband got the knowledge of her going to police station for lodging a complaint against him, he on phone threatened her to kill. Being fed-up with the torture of her husband and in-laws she has filed a compliant before Mahila Police Station, women cell, Palanpor on 09/10/2013. A copy of said written complaint to Mahila Police Station along with postal receipt and acknowledgment are annexed here with and marked at Annexure - C (colly). Thereafter opponent was called in Mahila Police Station and they have also tried to conciliate within the applicant and opponent and directed the applicant to go back to her in-laws house at Mehsana.
2.5 The applicant submits that being disheartened by Page 2 of 4 C/MCA/1675/2014 ORDER the attitude of the police, she has failed maintenance application U/S 125 of Cr.P.C. on 09/10/2013 before Disa Court. A copy of said maintenance application is annexed here with and marked as Annexure-D. Thereafter, the opponent started threatening the applicant and on 04/01/2014 her husband and his other family members in presence of her parents have physically assaulted through her hair and abused her stating that "she is from the family of baggers and she is filing cases against him." Therefore, the applicant immediately made a complaint to Disa City South Police Stationn and FIR no.1/2014 was registered. As a result of said FIR, the opponent got angry and has threatened the applicant to harass her by filing these cases at Mehsana.
2.6 The applicant submits that when the opponent has filed his reply in her maintenance application, then she got the knowledge of HMP case no.01/2014 filed by the opponent before Mehsana Court. It is submitted that her financial condition is not good and she does not have enough money to travel to Mehsana court on every date of hearing. Further, Mehsana is a place where her husband and in-laws are residing; therefore, there is a great threat to her life if she would go to Mehsana for attending court proceedings."
Learned advocate Mr. Khare submitted that on 04/01/2014 when the applicant was in Deesa Court, she was beaten by the respondent and therefore, a complaint was filed a copy of which is produced at Annexure-D, page-38.
Learned advocate Mr. Khambholja, on instructions from the respondent who is present before the Court, states that pursuant to that complaint, the respondent was arrested and later he obtained bail.
In the considered opinion of this Court, this one incident is sufficient for transfer of proceedings pending before Page 3 of 4 C/MCA/1675/2014 ORDER Principal Senior Civil Court, Mehsana to Civil Court, Deesa. Otherwise also, the distance between Mehsana and Deesa is 92 kilometers and if the applicant is not safe at Deesa and if she can be beaten in Deesa Court, it is all the more required that the proceedings be transfered to Deesa from Mehsana.
Present Misc. Civil Application is allowed. The HMP No.01 of 2014 pending before the Principal Senior Civil Court, Mehsana Court is transferred to Civil Court, Deesa Court. Rule is made absolute. Present Misc. Civil Application stands disposed of accordingly.
It will be open for learned advocate Mr. Khambholja to file appearance during the course of the day.
(RAVI R.TRIPATHI, J.) ila Page 4 of 4