SWEETY BHUPENDRABHAI Vs. CHINTAN HARENDARABHAI SHAH

JUDGEMENT

(1.) THIS application u/s.24 of the Code of Civil Procedure has been preferred praying to transfer the proceedings of H.M.P. No.471/2009 pending before the Court of learned Civil Judge, Baroda to the competent Court at Rajkot.

(2.) THE facts in brief are that the respondent herein had filed H.M.P. No.471/2009 against the petitioner u/s.13(1)(a) of the Hindu Marriage Act before the competent Court at Vadodara. THE petitioner herein has also filed two separate applications u/s.125 of the Code of Criminal Procedure seeking maintenance for herself and for the minor child aged 7 years, who was born out of the wed-lock with the respondent. THE said applications were filed before the Family Court at Rajkot. A criminal complaint was also filed by the petitioner against the respondent and it is reported that the proceedings are pending before the concerned criminal Court at Rajkot.

(3.) CONSIDERING the fact that the petitioner herein is a lady, who has to look after her minor child and that she has to travel a very long distance in order to attend the proceedings at Vadodara, it would be in the fitness of things to get the divorce proceedings transferred to the competent Court at Rajkot, particularly when, in these days, it has become very unsafe for women in our country to travel alone.