SWEETY BHUPENDRABHAI Vs. CHINTAN HARENDARABHAI SHAH

JUDGEMENT

(1.) This application under Section 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. The facts in brief are that the respondent herein had filed H.M.P. No. 471/2009 against the petitioner under Section 13(1)(a) of the Hindu Marriage Act before the competent Court at Vadodara. The petitioner herein has also filed two separate applications under Section 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 wedlock 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.

(2.) It is the case of the petitioner that she is residing along with her aged father and a minor son at Rajkot and that it would cause great hardship to her, if she had to attend the divorce proceedings pending in the Court at Vadodara on every date. It is, therefore, requested that since the proceedings between the parties are pending before the competent Court at Rajkot also, the divorce proceedings pending before the Court at Vadodara be transferred to the competent Court at Rajkot.

(3.) Heard learned Counsel for both the sides. It is a matter of fact that different proceedings were initiated against the respondent by the petitioner before the concerned Court at Rajkot. The proceedings arising out of a criminal complaint are also pending against the respondent before the concerned Criminal Court at Rajkot. At present, the minor son is residing with the petitioner at Rajkot. For the purpose of attending the divorce proceedings at Vadodara, the petitioner has to travel all the way from Rajkot and the distance between the said two stations is not less than 225 kms.