Gujarat High Court
Monika Darpan Shah vs Darpan Shitalkumar Shah on 16 December, 2024
NEUTRAL CITATION
C/MCA/1645/2024 ORDER DATED: 16/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1645 of 2024
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MONIKA DARPAN SHAH
Versus
DARPAN SHITALKUMAR SHAH
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Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1
MR ADIL R MIRZA(2488) 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. Mr. Adil Mirza, learned advocate waives service of
notice of rule on behalf of the respondent.
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.51 of 2024 pending
before the Court of learned Additional Civil Judge, Valsad to the
Court of learned Principal Judge, Family Court, Surat.
3. Heard learned advocates appearing for the respective
parties.
4. Mr. Kaash Thakkar, learned advocate for the applicant
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 07.12.2010 at Surat and since then, the
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NEUTRAL CITATION
C/MCA/1645/2024 ORDER DATED: 16/12/2024
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applicant-wife started living with respondent-husband at her
matrimonial home. He further submits that out of the said
wedlock, they are blessed with one baby girl viz.Havisha. He
submits that initially, their marriage life was going good and
smooth. Then-after, it has come to the notice of the present
applicant that her husband developed illicit relationship with
one lady and due to which, the disputes have been cropped up
between both of them, which ultimately escalated on one fine
day, she was driven outside of the house by her huaband and
since then, she is residing with her parents at her parental
home. He further submitted that in-fact, the applicant-wife has
filed various application like under section 125 for
maintenance; application under Domestic Violence Act for
protection, recovery of streedhan, rent and maintenance and
registered an FIR under section-498 of IPC against the husband
before the Mahila Police Station. He further submits that the
respondent – husband did not take care to pay amount of
maintenance for herself as well as their daughter. He 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 Family Court at Valsad. In
the said proceedings, the notice issued by the learned court
concerned had duly been 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. He further submits that the
applicant is a lady aged about 38 years and is residing at Surat
with her daughter. He further submits that the proceedings are
pending before the Court of learned Additional Civil Judge,
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C/MCA/1645/2024 ORDER DATED: 16/12/2024
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Valsad and the distance between Valsad and Surat is
approximately 92 k.ms. and therefore, it is very difficult for the
applicant-wife to attend and appear personally in the court
proceedings on each and evey date of adjournment at Court of
learned Additional Civil Judge, Valsad. Therefore, the present
application may be allowed.
5. Mr. Aadil Mirza, 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 get success in his attempt and therefore, ultimately
as a last resent, he has filed an application under Section-9 of
the Hindu Marriage Act for restitution of the conjugal rights. He
further submits that the respondent – husband is still ready
and willing 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
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C/MCA/1645/2024 ORDER DATED: 16/12/2024
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standard of life prior to the marriage and subsequent thereto
and the circumstances of both the parties in eking out their
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), so
also considering the facts about hardship of the applicant with
intent to meet with end of justice, the 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 and transfer
the proceedings i.e.Family Suit No.51 of 2024 pending
before the Court of learned Additional Civil Judge,
Valsad to the Court of learned Principal Judge, Family
Court, Surat, 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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