Gujarat High Court
Saraswati Vijaykumar Mina vs Vijaykumar Ramsing Mina on 24 January, 2022
Author: A. C. Joshi
Bench: Ashokkumar C. Joshi
C/MCA/702/2021 ORDER DATED: 24/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 702 of 2021
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SARASWATI VIJAYKUMAR MINA
Versus
VIJAYKUMAR RAMSING MINA
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Appearance:
PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Opponent(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 24/01/2022
ORAL ORDER
[1] Heard learned Advocate Mr. Prashant V. Chavda for the Applicant - Wife (Original Defendant) through video conference.
[2] RULE.
[3] The present Application under Section-24 of the Civil Procedure Code,1908 (for short the Code) is filed by the Applicant - Wife to transfer H.M.P. No. 29 of 2020, filed under Section 13(A) of the Hindu Marriage Act, 1955 by the Opponent - Husband before the learned Kalol Court, Gandhinagar to learned Taluka Court, Gandhidham, Kutch. [4] It is the case of the Applicant - Wife that she has got married with the Opponent on 31.1.2008 and after 12 Page 1 of 4 Downloaded on : Mon Jan 24 20:46:40 IST 2022 C/MCA/702/2021 ORDER DATED: 24/01/2022 years of marriage, on 20.7.2020 the Applicant wife was forcibly driven out of the matrimonial home stating that she cannot give birth to a child and she was abandoned by the Opponent - Husband and his family and, since then, living in her parental home in Gandhidham. That due to matrimonial disputes between the parties, the Applicant has filed Criminal Misc. Application No. 158 of 2020 before the learned Chief Judicial Magistrate, Gandhidham, Kachchh for maintenance under Section 125 of the Criminal Procedure Code and has also filed Criminal Misc. Application No. 159/2020 before the learned Chief Judicial Magistrate, Gandhidham, Kachchh under Section 12 of the Protection From Domestic Violence Act 2005. The Applicant has also filed an FIR against the Opponent under Section 498(A), 504, 114 of the Indian Penal Code, 1860 which is pending before the Taluka Court, Gandhidham, Kachchh vide CC/271/2020. [5] Learned Advocate for the Applicant - Wife has submitted that the applicant is unemployed and is residing with her aged parents and she is financially dependent on her father and brother. It is further submitted that it is more or less impossible for her to leave her aged father and mother at Gandhidham, Kachchh to travel to Kalol for the hearings of HMP No. 29 of 2020 Page 2 of 4 Downloaded on : Mon Jan 24 20:46:40 IST 2022 C/MCA/702/2021 ORDER DATED: 24/01/2022 as the to and fro distance is approximately 350 kmts. It is therefore submitted that the proceedings, which are pending before the learned Kalol Court being HMP No. 29 of 2020 be transferred to the learned Taluka Court at Gandhidham, Kachchh.
[6] This court has heard this matter finally on 20.1.2022 as none has remained on behalf of the Opponent despite service of notice. On 8.12.2021 also, no one had remained present for the Opponent. On 5.1.2022 also none was present on behalf of the Opponent.
[7] Considering submissions made by the learned advocate for the Applicant, it appears that it would be difficult for the applicant to travel about 350 kms and the applicant is residing with her aged parents. Therefore, in the opinion of this court, there is comparative hardship to the Applicant - wife. The to and fro distance from Gandhidham to Kalol is also 350 kmts. and therefore also it is difficult to travel for the Applicant - Wife from Gandhidham to Kalol.
[8] This Court has also relied upon the decisions rendered in case of Minesh Rajnikant Dalal v/s. Avani Minesh Dalal, reported in 2002 (2) GLR 1685 and has also Page 3 of 4 Downloaded on : Mon Jan 24 20:46:40 IST 2022 C/MCA/702/2021 ORDER DATED: 24/01/2022 referred to the decision in the case of Jayshreeba Jayendrasinh Raulji Vs. Jayendrasinh ganpatsinh Raulji in MCA no. 431 of 2019.
[9] Therefore this is a fit case to exercise discretion under section 24 of CPC for transferring the matter from to Kalol, District Gandhinagar to the Taluka Court at Gandhidham, kachchh. The Application is allowed accordingly. H.M.P. No. 29 of 2020 filed by the Opponent
- Husband before the Kalol Court, Gandhinagar under Section 13(A) of the Hindu Marriage Act 1955, is ordered to be transferred to the Taluka Court at Gandhidham. Rule is made absolute. No order as to cost.
Direct service is permitted through fax/e-mail/ any other electronic mode.
(A. C. JOSHI,J) for orders / J.N.W Page 4 of 4 Downloaded on : Mon Jan 24 20:46:40 IST 2022