Heard learned Counsels for the parties.
This Application under Section 24 of the Code of Civil Procedure, 1908 is preferred by the applicant - wife with the following prayers :-
"a.
Your Lordship may be pleased to pass necessary orders to transfer H.M.P. No.79/2009 pending before Hon'ble Ahmedabad Family Court to Hon'ble Family Court, Vadodara together with Maintenance application under Sec. 24 of the Hindu Marriage Act moved by the applicant in the main matter.
b.
Pending admission and final hearing of this application, your Lordship may be pleased to direct the Hon'ble Family Court, Ahmedabad to adjourn the H.M.P. No.79/2009 and not insist for the applicant to remain Present.
c.
Your Lordship may be pleased to grant any other and further relief as may be deemed fit."
In support of contentions raised by learned Counsel for the applicant that the prayer of the applicant deserves to be considered for transfer of the subject proceedings from Family Court, Ahmedabad to the Family Court, Vadodara, peculiar facts and circumstances of the applicant about her stay with her parents and that her son aged 5 years is pursuing studies at Bharatiya Vidya Bhavan School, Vadodara and further now the respondent who has initiated proceedings under Section 13 of the Hindu Marriage Act, 1955 for seeking divorce at Family Court, Ahmedabad has shifted to Mumbai in the State of Maharashtra and therefore, also it will be convenient and easier for the respondent to attend proceedings at Vadodara having rail, road and air transport easily available. It is further submitted that even if comperative hardship of the applicant wife and opponent husband is seen, the Court would tilt the balance in favour of the wife having a child aged 5 years and that they are residing with her parents at Vadodara. It is therefore, submitted that the prayers in this application be granted as prayed for.
Learned Counsel Mr. H.A. Dave for the opponent - husband has submitted that the opponent is ready and willing to bear transport and other miscellaneous expenses for the applicant - wife as and when she requires to attend the proceedings at Family Court, Ahmedabad and further, there is threat to his life at Vadodara in view of the past experiences about incidents of threats by the father and other relatives of the applicant - wife and alternatively, it is submitted that the proceedings be transferred to a place other than Vadodara. Reliance is placed on some orders passed by the Apex Court where upon assurance to bear the costs / expenses of transportation and conveyance, the proceedings were not transferred as per the request of the wife.
In rejoinder, learned Counsel Mr. R.D. Raval for the applicant would submit that the threat perception to the opponent - husband is misconceived and on the contrary decision of this Court and the Apex Court would go to show that the wife having a minor child, staying with her parents and not earning anything seeks transfer of proceedings deserve consideration by the Court exercising powers under Section 24 of the Civil Procedure Code. Further, the apprehension on part of the opponent - husband about threat to his life can be taken care of by the authority or the Court at Vadodara and therefore, it is submitted that the application is to be allowed with the prayers therein.
Upon consideration of overall facts, perusal of the record and other attending circumstances, I am of the view that the opponent - husband has now shifted to Mumbai and is having his job there and to continue proceedings in the Family Court, Ahmedabad would serve no purpose. At the same time, the applicant - wife having a minor child who is studying in Senior K.G. at Bharatiya Vidya Bhavan School, Vadodara and residing with her parents would suffer undue hardships by commuting from Vadodara to Ahmedabad and such inconveniences and hardship can be avoided if the proceedings are transferred from Family Court, Ahmedabad to Family Court, Vadodara and which would also serve interest of justice. Besides, the apprehension on part of the opponent husband can be taken care in case if such a event takes place, by taking recourse to complaining to the police authority or an application before the concerned Court at Vadodara and necessary orders can be passed in this regard.
Upon consideration of facts as stated above, I am of the view that prayer in terms of Paragraph 13.a. of this application be granted and allowed accordingly. Rule is made absolute to the aforesaid extent.
Sd/-
(Anant S. Dave, J.) Caroline DY> Top