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.148/2011 pending before the Court of learned 6th Additional Senior Civil Judge, Kheda at Nadiad to the Family Court at Ahmedabad.
2. The facts in brief are that the respondent herein had filed H.M.P. No.148/2011 against the petitioner u/s.13(1)(a) of the Hindu Marriage Act before the competent Court at Nadiad. 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 Rajkot. The petitioner has also filed application u/s.9 of the Hindu Marriage Act being HMP No. 1484/2011 before the Family Court, Ahmedabad and both the application and HMP are pending before the Family Court, Ahmedabad.
3. It is the case of the petitioner that she is residing along with her aged parents and that it would cause great hardship to her, if she had to attend the divorce proceedings pending in the Court at Nadiad 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 Nadiad be transferred to the competent 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 Nadiad, the petitioner has to travel all the way from Ahmedabad to Nadiad.
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 Nadiad, 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 Nadiad 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.
8. For the foregoing reasons, the application is allowed. The proceedings of H.M.P. No.148/2011 pending before the Court of learned 6th Additional Senior Civil Judge, Nadiad 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