BHAVNABEN RAYJIBHAI PATEL Vs. DILIPBHAI MOHANBHAI DIVAKAR

JUDGEMENT

(1.) Heard learned advocate for the parties.

(2.) The applicant-original defendant in Hindu Marriage Petition No.17 of 2008 pending before the Court of learned Principal Civil Judge(S.D), Ankleshwar at Bhrauch has approached this Court under Section 24 of the Civil Procedure Code, 1908 for seeking transfer of the said proceedings into the Competent Court at Ahmedabad on account of the hardships on the part of the applicant in defending the case at Ankleshwar, Bharuch as she is residing with her son at Ahmedabad. The applicant has to fend for herself and her son wholly from the amount of maintenance granted under Section 125 of the Criminal Procedure Code. From the meager amount of Rs.2,500/- she has to look after son, who is prosecuting his studies in 12th Std.(Science Stream) at Ahmedabad. This Court vide order dated 3.8.2010 issued Rule which was made returnable on 25.8.2010. The respondent-husband has appeared through advocate and filed affidavit-in-reply, which is taken on record. Learned advocate for the respondent-husband submitted that the husband is ready and willing to carry the proceedings at Ankleshwar Court and even the dates at the convenience of wife could be obtained on all the adjournments. The matter may, therefore, be continued at Ankleshwar Court or else, the husband will have to face hardships in coming to Ahmedabad. However, he submitted that the Court may pass appropriate order. In case if the Court is inclined to accept the application, then let there be appropriate direction to the concerned Court where the matter is being transferred to take care that least convenience is caused to the husband as he is serving in Railways at Ankleshwar.

(3.) This Court is of the view that hardships pleaded by the applicant needs to be positively considered as the lady has to sustain herself as well as her son out of the amount of Rs.2,500/-, which she is receiving on behalf of herself and her son by way of maintenance under Section 125 of the Criminal Procedure Code. Looking to the distance involved and the fact that the son is prosecuting his studies in Science Stream in 12th Std., the Court is of the view that the interest of justice would be served and transfer as prayed for is granted on appropriate direction to the concerned Court for seeing to it that husband may not unnecessarily be put to inconvenience. Accordingly, this application is allowed.