Sonalben Narharibhai Soni vs Rahulbhai Babulal Sonar

K.S. Jhaveri, J.—By way of present application, the applicant has inter alia prayed to transfer Hindu Marriage Petition No. 1761 of 2010 filed by the opponent pending before the Family Court at Vadodara to the Court of Senior Civil Judge at Bardoli, District Surat.

Mr. Jigar P. Raval, learned advocate for the applicant, has submitted that the applicant-lady is residing at her parental home at Ukai, Taluka Songadh along with her brother; that Vadodara is at a long distance from her parental home at Ukai; that the applicant has no means of livelihood; that she is not in a position to attend the Court proceedings at Vadodara even looking to the expenses to be incurred by her and further looking to the distance of Vadodara from Ukai i.e. about 250 kms., she will have to travel in wee hours to reach Vadodara for attending court proceedings. In view of aforesaid submissions, it is prayed that the said proceedings may be transferred to the competent Court at Bardoli, District Surat.

Mr.MTM Hakim, learned advocate for the opponent, has submitted that the opponent is residing at Vadodara and that it would be too difficult for him to attend the Court proceedings at Bardoli. In that view of the matter, present application is required to be rejected.

Having considered the rival contentions raised by the learned advocates for the respective parties, averments made in the application and the documentary evidence produced on record, it transpires that the applicant-lady has been residing at her parental home at Ukai. Further, the applicant herself has lodged criminal proceedings i.e. Criminal Miscellaneous Application No. 19 of 2007 u/s 125 of the Code of Criminal Procedure, 1973 before the Court of Additional JMFC at Vyara for maintenance, which came to be partly allowed vide judgment and order dated 28th January 2010. In that view of the matter, the applicant being a lady residing at her parental home at Ukai, it would be too difficult for her to attend the Court proceedings at Vadodara which is at a distance of about 250 kms. Hence, it would be in the fitness of things to transfer the said proceedings initiated by the opponent at Vadodara to the competent Court at Bardoli.

In view of aforesaid, present application is hereby allowed. The proceedings of Hindu Marriage Petition No. 1761 of 2010 filed by the opponent herein pending before the Family Court at Vadodara are hereby transferred to any competent Court at Bardoli or to the Court of Senior Civil Judge, Bardoli, District Surat. Rule is made to the aforesaid extent. No order as to costs.

It is hereby clarified that if the opponent herein makes an application to the competent Court for giving him accommodation on a particular date, he may be provided the same.