Gujarat High Court
Mitaben Arjunbhai Vaghela D/O … vs Arjunbhai Dhanjibhai Vaghela on 16 December, 2024
NEUTRAL CITATION
C/MCA/1831/2024 ORDER DATED: 16/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1831 of 2024
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MITABEN ARJUNBHAI VAGHELA D/O MOHANBHAI SHANKARBHAI
SOLANKI
Versus
ARJUNBHAI DHANJIBHAI VAGHELA
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Appearance:
MS TEJAL K SHAH(2719) for the Applicant(s) No. 1
MR CHIRAG B AYDI(13146) for the Opponent(s) No. 1
MR GIRISHBHAI J SOLANKI(13103) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 16/12/2024
ORAL ORDER
1. Rule. Ms. Honey Raval, learned advocate, who appears
on behalf of Mr. Chirag Aydi, learned advocate waives service
of notice of rule on behalf of the respondent – husband.
2. This application is filed under Section 24 of the Code of
Civil Procedure, 1908 by the applicant – wife [original
respondent] to transfer Family Suit No.29 of 2024 pending
before the Court of learned Principal Judge, Family Court,
Nadiad to the Court of learned Principal Judge, Family Court,
Vadodara.
3. Heard learned advocates appearing for the respective
parties.
4. Mr. Tejal Shah, learned advocate for the applicant
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NEUTRAL CITATION
C/MCA/1831/2024 ORDER DATED: 16/12/2024
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submits that the applicant is the wife and the respondent is the
husband. Their marriage was solemnized as per the hindu rites
and rituals on 02.02.2003 at Vadodara and since then, the
applicant-wife started living with respondent-husband in a joint
family at her matrimonial home. She further submits that out
of the said wedlock, they are blessed with two children; one
son and daughter. She has submitted that initially, their
marriage life was going on very smoothly, but after a lpase of
some period, the disputes have started to be cropped up
between both of them in a small petty issues due to which,
husband and his family members started to harass her. She
further submits that the applicant-wife had tried her level best
to reconcile the issues, but she could not get success in her
attempt and one fine day, she was driven out from her
matrimonial home and then-after, she had gone to her
parental home alongwith two children and since then, she is
residing at her parental home at Vadodara. She further
submits that the respondent – husband has filed an application
under Section-9 of the Hindu Marriage Act for restitution of
conjugal rights before the learned Principal Judge, Family Court
at Nadiad. In the said proceedings, the notice was issued,
which was duly served to the applicant- wife. As soon as the
applicant-wife has come to know about the said fact, she
immediately approached this Hon’ble Court by way of
preferring present application. She further submits that the
applicant is a lady and is residing at Vadodarea alongwith two
children and the proceedings are pending before the Court of
learned Principal Judge, Family Court at Nadiad and the
distance between Nadiad and Vadodara is approximately 116
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C/MCA/1831/2024 ORDER DATED: 16/12/2024
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k.ms. and therefore, it is very difficult for the applicant-wife to
attend the proceedings at Court of learned Principal Judge,
Family Court at Nadiad on each and every date. Therefore, the
present application may be allowed.
5. Ms. Honey Raval, learned advocate appearing for the
respondent – husband has opposed the present application
with a vehemence and submitted that the respondent –
husband has tried his level best to settle the disputes, but
could not yield positive results in his attempts and therefore,
he has filed an application under Section-9 of the Hindu
Marriage Act for restitution of the conjugal rights. She submits
that the respondent – husband is still ready to take her back to
her matrimonial home. Therefore, considering the above-
stated factual aspects, the present application is required to be
rejected.
6. At this stage, it would be fruitful to refer to the ratio laid
down by the Hon’ble Supreme Court in the cases of:- (i) Smita
Singh Versus Kumar Sanjay reported in AIR 2002 SC 396 and
(ii) N.C.V. Aishwarya versus A.S. Saravana Karthik Sha
reported in 2022 LiveLaw (SC) 627.
7. In matrimonial matters, wherever it is required to be
considered the plea of transfer, it should be taken into
consideration the economic soundness of both the parties, the
social strata of the spouses and their behavioural pattern, their
standard of life prior to the marriage and subsequent thereto
and the circumstances of both the parties in eking out their
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C/MCA/1831/2024 ORDER DATED: 16/12/2024
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livelihood and under whose protective umbrella they are
seeking their sustenance to life.
8. Considering the averments made by the learned
advocates appearing for the respective parties and considering
the ratio as laid down by the Hon’ble Supreme Court in the
case of Smita Singh (Supra) and N.C.V. Aishwarya (supra), as
well as considering the fact about hardship of the applicant,
with an intent to meet with end of justice, the transfer
application preferred by the applicant- wife under Section 24 of
the Code of Civil Procedure, 1908, is required to be
entertained. Hence, this Court deems it fit to allow the present
application to that effect and transfer the proceedings
i.e.Family Suit No.29 of 2024 pending before the Court
of learned Principal Judge, Family Court, Nadiad to the
Court of learned Principal Judge, Family Court,
Vadodara, with all ancillary proceedings. Order accordingly.
9. The present application is accordingly allowed. Rule is
made absolute. Direct service is permitted.
(DIVYESH A. JOSHI,J)
A. B. VAGHELA
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