BEENABEN Vs. MUKESHBHAI HARJIBHAI KANANI

JUDGEMENT

(1.) PRESENT petition under sec.24 of the Code of Civil Procedure is filed by the petitioner " wife for an appropriate order to transfer Hindu Marriage Petition No. 1262 of 2007 from the court of Family Court at Ahmedabad to the District Court, Amreli.

(2.) IT is the contention on behalf of the petitioner that she is wife, residing at village Kaner, Taluka Dhari, District ; Amreli and is dependent upon her parents. It is submitted that the marriage of the petitioner - wife came to be solamanised with the respondent " husband at Ahmedabad on 17/7/2007 and since then, the petitioner - wife was residing as legally wedded wife of the respondent herein, but after some time, the respondent and his family members started demanding dowry from the petitioner and her parents, which could not be managed by the parents of the petitioner and therefore, the respondent and his family members started harassing the petitioner and the petitioner has been driven out. It is submitted that the petitioner has no source of income and is solely dependent upon her parents. It is submitted that it is not possible for the petitioner to attend the proceedings at Family Court at Ahmedabad on every date of adjournment as she is residing at village Kaner, Taluka Dhari, District ; Amreli, which is far away from Ahmedabad. It is further submitted that even financially also it is not possible for the petitioner to meet with the expenditure to attend the proceedings at Ahmedabad. Therefore, it is requested to allow the present petition. The learned advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of Sumita Singh V/s. Kumar Sanjay and another, reported in AIR 2002 S.C. 396, in support of his prayer to allow the present petition.

(3.) THOUGH served nobody appears on behalf of the respondent " husband, hence, the petition is not opposed by the respondent " husband. It appears that the petitioner is residing at village Kaner, Taluka ; Dhari, District ; Amreli and the respondent " husband has initiated proceedings at Family Court, Ahmedabad. There is long distance between the village Kaner and Ahmedabad. It appears that the petitioner wife has no source of income ans she is solely dependent upon her parents. Under the circumstances, this is a fit case to transfer the proceedings from Family Court, Ahmedabad to the District Court, Amreli, where the petitioner is residing. As held by the Hon'ble Supreme Court in the case of Sumita Singh (supra), in a matrimonial proceedings, convenience of the wife is required to be considered. Considering the above, the petition deserves to be allowed.