Mca No. 828 of 2012 · Gujarat High Court

CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 11/05/2012 MCA/828/2012 JUDGMENT ORAL JUDGMENT

This application u/s.24 of the Code of Civil Procedure has been preferred praying to transfer the proceedings of H.M.P. No.612/2010 pending before the Family Court No. 3, Ahmedabad to Family Court at Rajkot.

The facts in brief are that the respondent herein had filed H.M.P. No.612/2010 against the petitioner u/s.13(1)(a) of the Hindu Marriage Act before the Family Court, Ahmedabad. 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 10 years, who was born out of the wed-lock with the respondent. The said applications were filed before the Family Court at Rajkot.

It is the case of the petitioner that she is residing along with her aged parents and brother 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 Ahmedabad 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 Ahmedabad be transferred to the Family Court at Rajkot. MCA/828/2012 JUDGMENT

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. At present, the minor son is residing with the petitioner at Rajkot. For the purpose of attending the divorce proceedings at Ahmedabad, the petitioner has to travel all the way from Rajkot and the distance between the said two stations is not less than 225 Kms.

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 Ahmedabad, it would be in the fitness of things to get the divorce proceedings transferred to the Family Court at Rajkot, particularly when, in these days, it has become very unsafe for women in our country to travel alone.

Learned counsel for the respondent has vehemently argued that the petitioner had preferred the maintenance proceedings almost after two years and that other proceedings are also pending before the Family Court, Ahmedabad and therefore, he submitted that these proceedings may not be transferred.

The provision of Section 24 of the Code of Civil Procedure is very clear. In my opinion, the petitioner herein has MCA/828/2012 JUDGMENT 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 Ahmedabad 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. 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.