Gujarat High Court
Jagrutiben D/O Natwarlal Babubhai W/O ... vs Mahendrabhai Khemabhai Patel on 16 September, 2020
Author: S.H.Vora
Bench: S.H.Vora
C/MCA/295/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 295 of 2020
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JAGRUTIBEN D/O NATWARLAL BABUBHAI W/O MAHENDRABHAI
KHEMABHAI PATEL
Versus
MAHENDRABHAI KHEMABHAI PATEL
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS. GR SONERAO(6922) for the Applicant(s) No. 1
MR VIRAT POPAT for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 16/09/2020
ORAL ORDER
Though link is forwarded to learned advocate for the applicant, she did not turn up before the Court through V.C.
1. Present application under section 24 of the Code of Civil Procedure, 1908 (for short "the Code") is filed by the by the applicant - wife to transfer HMP No.25 of 2019 pending with the learned Principal Senior Civil Judge, Idar to the learned Judicial Magistrate First Class, Mahemdavad.
2. It is the case of the applicant that she resides at Mahemdavad and got married with the opponent on 25.5.2016 as per Hindu rites and rituals, whereas the respondent - opponent has preferred HMP No.25 of 2019 in the Court at Idar only with a view to harass the applicant mentally as well as physically. It is submitted at bar that it will not be possible for the applicant to travel from Mahemdavad to Idar and it would be physical and mental harassment to her to travel on Page 1 of 3 Downloaded on : Wed Sep 16 22:03:46 IST 2020 C/MCA/295/2020 ORDER each adjournment from Mahemdavad to Idar. It is also submitted by the applicant that she has filed proceedings under section 125 of the Code of Criminal Procedure, 1973 before the learned Judicial Magistrate at Mahemdavad.
3. Learned advocate Mr. Virat Popat appears for the respondent husband and opposed the application for transfer.
4. Having considered the averments made in the application, it is not in dispute that the applicant is the wife of the opponent and there is a matrimonial dispute between the parties to the proceedings and further, the applicant is residing at Mahemdavad at her parental home. In case of Sumita Singh V. Kumar Sanjay and another reported in AIR 2002 SC 396, the Hon'ble Supreme Court has observed that wife's inconveniency must be looked at. The purpose of section 24 of the Code is merely to confer on the Court a discretionary power and therefore, while acting under section 24 of the Code, the Court may or may not in its judicial discretion transfer a particular case. Thus, the power under section 24 of the Code is discretionary in its nature and can be exercised at any stage. In the present case, the fairness of judicial proceedings is not questioned by the applicant, but on the ground of conveniency, the applicant is keen to transfer HMP No.25 of 2019 from Idar Court to Mahemdavad Court. In light of this position, the Court cannot ignore inconveniency of party, more particularly, the applicant being a lady, who requires more safety and security in journey from unwarranted elements and further, the applicant being lady, who faced much more incoveniency during journey of 150 km from her current place i.e. from Mahemdavad to Idar.
Page 2 of 3 Downloaded on : Wed Sep 16 22:03:46 IST 2020 C/MCA/295/2020 ORDER5. In view of the above circumstances, and considering the facts narrated herein above which is sufficient to accept the present application and accordingly, present application is allowed and it is ordered that HMP No.25 of 2019 pending with the learned Principal Senior Civil Judge, Idar be transferred to the Court of learned Principal Civil Judge, Kheda. With this, present Misc. Civil Application stands allowed.
(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Wed Sep 16 22:03:46 IST 2020