KIRAN MANOJ PATEL Vs. MANOJBHAI SHANTIBHAI PATEL

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. 601 of 2007 from the court of learned Civil Judge (Senior Division), Vadodara to the Family Court at Ahmedabad.

(2.) IT is the contention on behalf of the petitioner that she is wife, residing at Ahmedabad and has married with the respondent - husband and out of the wedlock, there is one child namely Dhara, aged about 8 years. It is submitted that as there is matrimonial dispute, the petitioner wife and the respondent - husband are residing separately and the petitioner has filed petition for restitution of conjugal rights under sec.9 of the Hindu Marriage Act in the Family Court at Ahmedabad being Hindu Marriage Petition No. 1376 of 2007. It is submitted that even the respondent has also filed petition for divorce under sec.13 of the Hindu Marriage Act in the court of learned Civil Judge (S.D.), Vadodara being Hindu Marriage Petition No. 601 of 2007 in December, 2007. It is submitted that the petitioner is wife and has no source of income and has to look after herself as well as her minor child and it is not convenient to the petitioner to attend the proceedings at Vadodara on every date of adjournment. It is submitted that the aforesaid proceedings has been initiated by the respondent - husband with a view to harass the petitioner wife. 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.) THE application is opposed by the learned advocate appearing on behalf of the respondent by submitting that the proceedings pending in the court of learned Civil Judge (S.D.), Vadodara are not required to be transferred to the Family Court at Ahmedabad, as the petitioner is residing at Patan and is not permanently residing at Ahmedabad.