Hiren Prasannbhai Majmudar vs Nehaben Hirenbhai Majmudar

K.S. Jhaveri, J.—By way of present application, the applicant-husband has inter alia prayed for transferring the proceedings of Hindu Marriage Petition No. 13 of 2008 pending in the Court of 7th Additional Senior Civil Judge, Bhavnagar to the Family Court at Ahmedabad and the same be heard along with Hindu Marriage Petition No. 23 of 2008, pending before the Family Court at Ahmedabad.

It is the case of the applicant that the marriage of the applicant and opponent was solemnized on 14th December 2002 at Bhavnagar. Thereafter, the opponent got job in Dishman Pharmaceuticals Ltd. on 01st January 2003 and she was trying to get better job out of Ahmedabad. Thereafter, some disputes started to take place between the parties. The opponent thereafter got job at Mumbai in Wockhardt Hospital on 06th February 2006 and lastly on 07th May 2006, the opponent deserted the house of the applicant. The applicant with the help of common relatives tried to reconcile the dispute, but could not succeed. Hence, the applicant preferred Hindu Marriage Petition No. 23 of 2008 before the Family Court at Ahmedabad. Thereafter, the opponent-wife lodged a criminal complaint u/s 498(A) of the Indian Penal Code as well as instituted Divorce Petition being Hindu Marriage Petition No. 13 of 2008 before the 7th Additional Senior Civil Judge, Bhavnagar.

Mr. Dharmesh Nanavati, learned advocate appearing on behalf of Mr. Ashish Oza, learned advocate for the applicant, has submitted that the Petitioner has been residing at Ahmedabad and doing his business of Architect; that the opponent has been doing her job at Pune and that if the matter is transferred to Ahmedabad, it will not cause any hardship to the opponent since she is at present residing at Pune. In view of aforesaid, it is prayed to allow present application.

Mr. Vikram Thakor, learned advocate for the opponent-wife, has relied upon the affidavit-in-reply filed by the opponent and submitted that the marriage of the applicant and the opponent were solemnized at Bhavnagar; that the distance of Bhavnagar from Ahmedabad is about 200 kms. and it would be too difficult for the opponent to attend the Court proceedings at Ahmedabad and for attending the same, she will have to travel in wee hours; that two litigations filed by the opponent are pending in the Court at Bhavnagar; that it would not be possible for the applicant to travel to a distance of about 200 kms. at every adjournment and that she is not in a position to attend the Court proceedings at Ahmedabad even looking to the expenses to be incurred by her. In view of aforesaid submissions, it is prayed that present application may be rejected.

Having considered the rival contentions raised by the learned advocates for the respective parties, averments made in the application as well as the documentary evidence produced on record, it transpires that the marriage of the applicant and the opponent were solemnized at Bhavnagar. Even the distance of Bhavnagar from Ahmedabad is about 200 kms. and it would be too difficult for the opponent to attend the Court proceedings at Ahmedabad and for attending the same, she will have to travel in wee hours. It is also required to be noted that the opponent herself has also filed two litigations which are pending in the Court at Bhavnagar. Further, even on perusal of the affidavit-in-reply filed by the opponent, it transpires that prima facie the allegations levelled therein are too serious in nature. In that view of the matter, it would be in the fitness of things not to transfer the said proceedings.

In view of aforesaid, present application is hereby rejected. Rule is discharged. No order as to costs.