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.471/2009 pending before the Court of learned Civil Judge, Baroda to the competent Court at Rajkot.
2. The facts in brief are that the respondent herein had filed H.M.P. No.471/2009 against the petitioner u/s.13(1)(a) of the Hindu Marriage Act before the competent Court at Vadodara. The petitioner herein has also filed two separate applications u/s.125 of the Code of Criminal Procedure seeking maintenance for herself and for the minor child aged 7 years, who was born out of the wed-lock with the respondent. The said applications were filed before the Family Court at Rajkot. A criminal complaint was also filed by the petitioner against the respondent and it is reported that the proceedings are pending before the concerned criminal Court at Rajkot.
3. It is the case of the petitioner that she is residing along with her aged father and a minor son at Rajkot and that it would cause great hardship to her, if she had to attend the divorce proceedings pending in the Court at Vadodara on every date. It is, therefore, requested that since the proceedings between the parties are pending before the competent Court at Rajkot also, the divorce proceedings pending before the Court at Vadodara be transferred to the competent Court at Rajkot.
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 concerned Court at Rajkot. The proceedings arising out of a criminal complaint are also pending against the respondent before the concerned criminal Court at Rajkot. At present, the minor son is residing with the petitioner at Rajkot. For the purpose of attending the divorce proceedings at Vadodara, the petitioner has to travel all the way from Rajkot and the distance between the said two stations is not less than 225 Kms.
5. Considering the fact that the petitioner herein is a lady, who has to look after her minor child and that she has to travel a very long distance in order to attend the proceedings at Vadodara, it would be in the fitness of things to get the divorce proceedings transferred to the competent Court at Rajkot, particularly when, in these days, it has become very unsafe for women in our country to travel alone.
6. Learned counsel for the respondent has vehemently argued that the divorce proceedings before the concerned Court at Vadodara are at the stage of evidence and therefore, it would not be feasible to transfer the proceedings at this stage. It has also been submitted that the financial condition of the respondent is very weak and that if the proceedings are transferred, it would become difficult for the respondent to sustain himself since he is also unemployed.
7. 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 Rajkot since she has to travel a very long distance for the purpose of attending the divorce proceedings at Vadodara on the dates of hearing, during which time the minor son would be deprived of his motherhood. 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. The respondent is attending the criminal proceedings at Rajkot wherein, he is arraigned as an accused. 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.
8. For the foregoing reasons, the application is allowed. The proceedings of H.M.P. No.471/2009 pending before the Court of learned Civil Judge, Baroda are ordered to be transferred to the competent Court at Rajkot. Since the respondent herein also has to attend the criminal proceedings at Rajkot, it is observed that if a written request is made by the respondent to hear both the criminal proceedings and divorce proceedings together, the Court concerned shall consolidate both the proceedings and shall dispose of the same as expeditiously as possible. With the above observation, the application stands disposed of. Rule is made absolute with no order as to costs. Direct service permitted.
[K.
S. JHAVERI, J.] Pravin/* Top