C/MCA/787/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 787 of 2019
KHUSBU SATISHBHAI CHUDASMA
Versus
KAMAL ARVINDBHAI VAGHELA
Appearance:
MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
DENISH V MAVADHIYA(9207) for the Opponent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 17/10/2019
ORAL ORDER
1. Leave to amend.
2. Rule. Learned advocate Mr.Denish Mavadhiya
waives service of notice of Rule on behalf of the
opponent.
3. The present application has been filed seeking
transfer of proceedings of Hindu Marriage Petition
No.14 of 2019 pending before Principal Civil Judge
(Chief Senior Civil Court), Keshod, Dist. Junagadh to
the Family Court, Ahmedabad.
4. Learned advocate Mr.Samir Afzal Khan for the
applicant has submitted that prior to filing of the
suit by the opponent, the applicant had filed
proceedings under Section 125 of the Code of Criminal
Procedure, 1973. He has further submitted that the
applicant has also filed the application under
provision of the Protection of Women from SectionDomestic
Violence Act, 2005, which is pending before
Metropolitan Magistrate’s court, Ahmedabad being
Page 1 of 3
Downloaded on : Sat Oct 19 21:42:43 IST 2019
C/MCA/787/2019 ORDER
Criminal Misc. Application No. 2179 of 2019. It also
further submitted that the applicant has also filed
an FIR under Section 498A of the Indian Penal Code,
1860 before the Mahila Police Station, Shahibaug,
Ahmedabad East. Thus, he has submitted that the
opponent is appearing and attending the said
proceedings at Ahmedabad, hence, the Hindu Marriage
Petition No. 14 of 2019 may be transfered to Family
Court, Ahmedabad. He has further submitted that the
distance between Keshod to Ahmedabad is 370 kms.
5. Per contra, learned advocate for the opponent
has vehemently opposed the present application and
submitted that if the proceedings are transfered from
Keshod to Ahmedabad, the opponent will be
unnecessarily harassed. He has submitted that the
aforesaid proceedings are initiated with mala fide
objective in order to harass the opponent. Thus, the
present application may not be entertained.
6. Heard the learned advocates for the respective
parties.
7. It is not in dispute that prior to filing of the
Hindu Marriage Petition No.14 of 2019 by the
opponent, the applicant had already initiated
proceedings under Section 125 of the Cr.P.C., which
is pending before the Family Court, Ahmedabad being
Criminal Misc. Application No.1456 of 2019. The
applicant has also filed the application under the
provision of the SectionDomestic Violence Act before the
Metropolitan Magistrate’s court, Ahmedabad being
Page 2 of 3
Downloaded on : Sat Oct 19 21:42:43 IST 2019
C/MCA/787/2019 ORDER
Criminal Misc. Application No.2179 of 2019. She has
also filed the F.I.R. under Section 498A of the IPC
before the Mahila Police Station, Shahibaug,
Ahmedabad East against the opponent and his family
members.
8. It is also not in dispute that the opponent is
attending these proceedings at Ahmedabad. The
applicant has to travel to and fro distance of
approximately 750 kms from Ahmedabad to Keshod in
order to attend the proceedings of Hindu Marriage
Petition No.14 of 2019. The applicant is also living
with her aged parents and there is no male member in
her family in support. The applicant is also not paid
any maintenance by the opponent and the proceedings
are also going on.
9. As per the law enunciated by the Apex Court in
the case of Sumita Singh Vs. Kumar Sanjay, AIR 2002
SC 396 that in the matrimonial proceedings, it is the
wife’s convenience, which is to be given preference.
10. In this view of the matter and looking to the
hardship caused to the applicant, the present
application stands allowed. The proceedings of Hindu
Marriage Petition No.14 of 2019 pending before
Principal Civil Judge (Chief Senior Civil Court),
Keshod, Dist. Junagadh is ordered to be transfered to
the Family Court, Ahmedabad forthwith. Rule is made
absolute. Direct service is permitted.
(A. S. SUPEHIA, J)
NVMEWADA
Page 3 of 3
Downloaded on : Sat Oct 19 21:42:43 IST 2019
