1. This application u/s.24 of the Code of Civil Procedure has been preferred praying to transfer the proceedings of H.M.P. No.93/2007 pending before the Court of learned Civil Judge (SD), Anand to the Family Court at Ahmedabad.
2. The facts in brief are that the respondent herein had filed H.M.P. No.93/2007 against the petitioner u/s.13 of the Hindu Marriage Act before the Court at Anand. The petitioner herein has also filed application u/s.125 of the Code of Criminal Procedure seeking maintenance for herself. The said application is filed before the Family Court at Ahmedabad.
3. It is the case of the petitioner that she is residing along with her aged father and minor daughter and that it would cause great hardship to her, if she had to attend the divorce proceedings pending in the Court at Anand on every date. It is, therefore, requested that since the proceedings between the parties are pending before the Family Court at Ahmedabad also, the divorce proceedings pending before the Court at Anand be transferred to the Family Court at Ahmedabad.
4. Heard learned counsel for both the sides. It is a matter of fact that different proceedings were initiated against the respondent by the petitioner before the Family Court at Ahmedabad. For the purpose of attending the divorce proceedings at Anand, the petitioner has to travel all the way from Ahmedabad to Anand.
5. Considering the fact that the petitioner herein is a lady, and that she has to travel a very long distance in order to attend the proceedings at Anand, it would be in the fitness of things to get the divorce proceedings transferred to the Family Court at Ahmedabad, particularly when, in these days, it has become very unsafe for women in our country to travel alone.
6. The provision of Section 24 of the Code of Civil Procedure is very clear. In my opinion, the petitioner herein has made out a case for getting the proceedings transferred to the Court at Ahmedabad since she has to travel a very long distance for the purpose of attending the divorce proceedings at Anand on the dates of hearing. In the present day times, we have been hearing of several instances of crimes against women. It has become very difficult for a girl / woman to travel alone these days and it becomes even more dangerous when the distance to be traveled is very long. Considering the overall facts of the case and keeping in mind the provisions of Section 24 of CPC, I am of the opinion that this is a fit case wherein the proceedings deserve to be transferred.
7. For the foregoing reasons, the application is allowed. The proceedings of H.M.P. No.148/2011 pending before the Court of learned Civil Judge (SD) Anand are ordered to be transferred to the Family Court at Ahmedabad. It is observed that the Court will accommodate the respondent as and when he seeks adjournment and expedite the proceedings pending before it as expeditiously as possible. It is however, made clear that both the parties will co-operate in the proceedings. With the above observation, the application stands disposed of. Rule is made absolute with no order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top