Hemlata vs Gajendra Dudhabhai Parmar

R.R. Tripathi, J.—The present Misc. Civil Application is filed by the applicant-Hemlata w/o Gajendra Dudhabhai Parmar praying that:-

"13. (B) YOUR LORDSHIPS, be pleased to transfer HMP Suit No. 170 of 2013 filed by the opponent at Ld. Family Court, Panchmahal, Godhra to the Ld. District Court at Dahod, in the interest of justice."

Heard learned Advocate Ms. Renu D. Chaudhary for the applicant and learned Advocate Ms. Urja B. Dave for the respondent.

The facts are set out in paras-3, 4, 5, 6 and 7, which read as under:-

"3. The applicant states that the opponent in this application is the husband of the applicant and they had love marriage which was solemnized on 18.06.2009. The applicant states that out of the wedlock, there is no child born. The applicant states that after marriage, initially the applicant was residing with the opponent-husband at her matrimonial house but after sometimes applicant was harassed by the members of the family of opponent-husband to the extent that members had tortured mentally and physically to the applicant along with opponent and they started using abusive language. Thereafter opponent along with applicant started residing in rented house at Panchmahals, Godhra, but harassment did not stop.

It is submitted that applicant herein lodged an FIR-II NO. 219 of 2011 against opponent, mother and father of the opponent, 2 brothers of opponent and 1 sister of opponent, under section 498(a), 504, 506(2) and 114 of Indian Penal Code and Section 6(3)(5) of Dowry Prohibition Act at Town ''A'' Division Police Station, Panchmahals, Godhra.

Since 02.02.2011, applicant and opponent are leaving separately. It is submitted that applicant herein is dependent on her parents and opponent did not maintained her, accordingly applicant herein moved an application under section 125 of Criminal Procedure Code at Dahod being Criminal Miscellaneous Application No. 29 of 2012 before Chief Judicial Magistrate Court, Dahod wherein Ld. Court had been kind enough to order Rs. 5,000/- per month to be given to applicant by opponent-husband. It is further submitted that opponent herein thereafter challenged the aforesaid order wherein the Ld. Court had been kind enough to reduce Rs. 500 our of Rs. 5,000 per month. It is further submitted that opponent-husband is not paying the amount of maintenance awarded on regular basis and infact at present the arrears are more than Rs. 70,000/-.

It is further submitted that under the aforesaid circumstances applicant and her family tried their level best to reconcile but no one supported her and instead opponent''s family behaved very badly. It is further submitted that due to pressure of opponent''s family, opponent herein did not behave properly with applicant. It is further submitted that it has also came into knowledge of the applicant that during the pendency of litigations opponent has started searching bride for himself.

It is submitted that applicant has moved an application under section 9 of Hindu Marriage Act for Restitution of Conjugal Rights before Ld. Principal Senior Civil Court, Dahod, being HMP No. 09 of 2014. A copy of HMP No. 09 of 2014 along with order dated 21.02.2014 is annexed hereto as "ANNEXURE-B [Colly.]" to this application."

Taking into consideration the aforesaid facts, the Misc. Civil Application is allowed. The proceedings of HMP Suit No. 170 of 2013 filed by the opponent at Family Court, Panchmahal, at Godhra are transferred to the District Court at Dahod.