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Kapila W/O Sagar Hathila And D/O … vs Sagar Dinesh Hathila on 20 November, 2019

C/MCA/1162/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1162 of 2018

KAPILA W/O SAGAR HATHILA AND D/O CHANDUBHAI NINAMA
Versus
SAGAR DINESH HATHILA

Appearance:
MS. SHIVANGI M RANA(7053) for the Applicant(s) No. 1
MR. MRUGESH A BAROT(6709) for the Opponent(s) No. 1
VISHAL S AWTANI(7913) for the Opponent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 20/11/2019
ORAL ORDER

1. Leave to amend.

2. The present application has been filed seeking transfer of
proceedings of Civil Misc. Application No.16 of 2016 under Section
25 of the Guardians and Wards Act, 1890 pending before the Court
of District Judge, Gandhidham to the Competent Court at Dahod.

3. Learned advocate Ms.Rana appearing for the applicant has
submitted that the applicant is having a custody of minor son and
he is studying at Vadodara. She has submitted that at present, they
are staying at Vadodara, she has filed a compliant under Section 12
of the Protection of Women from Domestic Violence Act, 2005
against the opponent at Dahod and the same is pending.

3.1 Learned advocate Ms.Rana has further submitted that the
applicant has also filed a criminal complaint under Section 498-A,
323, etc. of the Indian Penal Code, 1860 (“IPC”) being F.I.R. C.R.
No.I-16 of 2016 with Mahila Police Station, Dahod and the opponent
is required to attend those proceedings. Further, she has submitted
that the distance between Gandhidham and Dahod is around 400
kms and she has to travel with her minor son to attend the
proceedings which causes a lot of inconvenience. Thus, she has
submitted that the application may be allowed.

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C/MCA/1162/2018 ORDER

4. Per contra, learned advocate Mr.Awtani appearing for the
opponent has submitted that the aforesaid proceedings may not be
transferred from Gandhidham to Dahod since the opponent will face
great inconvenience. Thus, he has submitted that the application
may not be allowed.

5. In the present application filed under Section 24 of the Civil
Procedure Code, 1908, the applicant is seeking transfer of the
proceedings of Civil Misc. Application No.16 of 2016 filed by the
opponent under the provisions of Section 25 of the Guardians and
Wards Act, 1890 from the Court of District Judge, Gandhidham to
the Competent Court at Dahod.

6. The facts which are not in dispute that the applicant is having
the custody of the minor son namely Raj, who is aged about 11
years old. The distance between Gandhidham and Vadodara, where
the applicant is residing, is around 400 kms and she has to travel to
and fro distance of approximately 800 kms with her minor son to
attend the proceedings.

7. It is also not in dispute that prior to the filing of the aforesaid
proceedings by the opponent, the applicant has also filed an F.I.R.
for the offences punishable under Sections 498-A, 323 etc. of the
IPC at Mahila Police Station, Dahod. The applicant has also filed an
application under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 at Dahod and the same is pending
before the Judicial Magistrate, Jhalod, District – Dahod. The
opponent is required to attend the aforesaid proceedings.

8. The Supreme Court in the case of Sumita Singh Vs. Kumar
Sanjay And Anr., reported in AIR (2002) SCC 396 has observed
that in the matrimonial matters the wife’s convenience has to be
given preference.

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C/MCA/1162/2018 ORDER

9. In this view of the matter and looking to the facts and
circumstance of the case, the proceedings of Civil Misc. Appeal
No.16 of 2016 are ordered to be transferred from the District Court,
Gandhidham to the Competent Court at Dahod forthwith. Rule made
absolute.

(A. S. SUPEHIA, J)
GUPTA*

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